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Home My WebLink About025998 ORD - 10/19/2004 Page 1 of 2 AN ORDINANCE AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A FIVE YEAR LEASE AND USE AGREEMENT WITH SOUTH TEXAS YOUTH FOOTBALL LEAGUE ("LESSEE") FOR USE OF CITY PROPERTY (BILL WITT PARK) FOR LESSEE'S SOFTBALL PROGRAM AND IN CONSIDERATION OF LESSEE MAINTAINING THE PREMISES AND IMPROVEMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a five year Lease and Use Agreement with South Texas Youth Football League ("Lessee") for the use of City property (Bill Witt Park) for Lessee's softball program and in consideration of Lessee maintaining the premises and improvements. A copy of the Lease and Use Agreement, including the exhibits that are attached to and incorporated into the Lease and Use Agreement, is attached as Exhibit A and a copy is on file with the City Secretary. SECTION 2. Under Article IX, Section 3, of the City Charter, the Lease and Use Agreement begins on the 61 st day after City Council adoption of this ordinance on second and final reading and will have a term of five (5) years; and the second and final reading of this ordinance is at least twenty eight (28) days after the first reading. Each reading was done at a regular meeting of the City Council. SECTION 3. The City Council intends that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be given full force and effect for its purpose. Therefore, if any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:\LEG-DIRIOlgaRIDoyleIPark & Rec\0901 04DC.SouthTexasYouthFootbaIILeague. Ord.doc 025998 Page 2 of 2 That the foregoing ordinance was read fqr the first time and passed to its second reading on this the l(SI day of ~, 2004, by the following vote: Samuel L. Neal, Jr. cur- Bill Kelly Cu;x Brent Chesney ['-1 Rex A. Kinnison ,:u.,/.. Javier D. Colmenero L~ Jesse Noyola ~I Melody Cooper ~ Mark Scott ~i_ Henry Garrett l~,L. That the foregoing ordinal\pe was read for the second time and passed finally on this the I q-f'- day of C;~.{,..e^-, 2004, by the following vote: Samuel L. Neal, Jr. cu.y- Bill Kelly OIl Brent Chesney a..~ Rex A. Kinnison (~L Javier D. Colmenero c~ I Jesse Noyola CUI I J Melody Cooper (l..t Mark Scott C-ly l' Henry Garrett Ci.-t"'I.. ~ PASSED AND APPROVED this the ~ day of ~A....., 2004. ATTEST: Arman~ Samuel L. Neal, Jr., Mayor City of Corpus Christi APPROVED AS TO LEGAL FORM 2 September 2004 f)t ~:t: Doyle Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney H:\LEG-DIRIOlgaRIDoyle\Park & Recl090 1 04DC.SouthTexasYouthFootballleague. Ord.doc .. . ( 8 '- ;) 8 " Page 1 of 13 BILL WITT PARK FIELD LEASE & USE AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC. STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ KNOW ALL BY THESE PRESENTS This lease is entered into by and between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC. ("Lessee"), a Texas nonprofit corporation, Corpus Christi, Texas, operating for the purpose of providing youth football programs for the citizens of Corpus Christi, acting through its duly authorized President. Section 1. Definitions. For the purposes of this Lease: City means the City of Corpus Christi, Nueces County, Texas, a home rule municipal corporation. City Council means the City Council of the City. City Manager means the City Manager of the City or the City Manager's designee. Director means the City's Director of Park and Recreation. Engineering Services Director means the City's Director of Engineering Services. Holdover Period means any period of time in which the Lessee remains in the Premises after the expiration of the original term of this Lease and continues to provide consideration in lieu of paying rent to the City under the terms of this lease. Improvements means buildings and other structures located on the Premises. Lease means this document, including all attachments and exhibits that are referred to in this document. Lessee means SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC., a Texas nonprofit corporation, Corpus Christi, Texas. Park and Recreation means the City's Park and Recreation Department. . H :ILEG-DIRIOlgaRIDoyleIPark & Recl091404DC.South Texas Y outhF ootbaIlLeague.Lease. UseAgml.doc Page 2 of 13 Park and Recreation Director means the City's Director of Park and Recreation or that Director's designee. Premises means field numbers 1, 2, 3, 4, 5, 16, and 17 in Bill Witt Park as shown on the attached drawing, Exhibit A1, together with all improvements. Regular hours of operation means the regularly scheduled hours of Lessee's operation. Risk Manager means the City's Director of Risk Management or that Director's designee. Sign means any signs, advertisements, notices, or other lettering that are exhibited, inscribed, painted, erected, or affixed on or about the Premises, or any part of the Premises. Section 2. Purpose. The purpose of this Lease, between the City and Lessee, is to enable Lessee to provide youth football programs for the citizens of Corpus Christi. Lessee may not operate the Leased Premises for any other purpose without the prior written approval of the Director. Section 3. Leased Premises. The Leased Premises is field numbers 1, 2, 3, 4, 5, 16, and 17 in Bill Witt Park as shown on the drawing attached as Exhibit A1, together with all improvements. Section 4. Use of Leased Premises Subject to Lease. The Lessee's use of the Leased Premises is subject to the terms and conditions in this lease. The detailed conditions for using the Leased Premises are contained in the attached Exhibit A2. Exhibit A2 may be amended as often as necessary upon mutual agreement by the Park and Recreation Director and the Lessee. This lease is made in consideration of the mutual promises and covenants contained in this lease. Section 5. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 6. Term. The City leases the Premises, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years subject, however, to the right of either party to cancel this Lease by giving thirty (30) days written notice to the other party, unless sooner terminated under Section 31. This Lease begins on the 61st day after final Council approval. a. Lessee may continue to occupy the Premises after the expiration of this Lease on a month-to-month tenancy if the Lessee continues to provide consideration in lieu of paying monthly rent as required by this Lease and upon the same terms and conditions as set out in this lease. H:IlEG-DIRIOlgaRIDoyleIPark & Rec10914040C.South Texas Y outhFootballleague.lease.UseAgmt.doc Page 3 of 13 b. The Holdover Period may not exceed six months in length. c. The City Manager has the absolute right to terminate the month-to-month tenancy with or without cause upon thirty (30) days written notice to Lessee. Section 7. Abandonment of Leased Premises. If the Lessee abandons the Leased Premises or if the Lessee fails to take possession of the Leased Premises within ten days after commencement of the term of this Lease, then this Lease shall terminate automatically and City Manager may take immediate possession of the Leased Premises. "Abandoned" means that the Leased Premises become vacant or deserted for a continuous period of thirty (30) days. Section 8. Cessation of Use. a. If Lessee for any reason ceases to use the Leased Premises for the purposes specified in Section 2, Lessee has the right during the first year following the cessation of use to terminate this Lease by written notice to the City Manager. b. The written notice of termination must be given at least three (3) months prior to the effective date of termination. c. If the cessation of use occurs and continues for one year or longer, and Lessee does not exercise the right to terminate this Lease, then the City may terminate this Lease by giving Lessee at least one (1) months notice prior to the effective termination date. d. Lessee's obligation to provide consideration in lieu of paying rent ceases upon termination, but no consideration provided prior to termination will be refunded. e. During any cessation of use, Lessee must maintain and regulate the use and occupancy of the Leased Premises at Lessee's expense as specified in Sections 2, 4, 22, 24, 28, and 29. Upon termination or expiration of the Lease, the Lessee must, if requested in writing by the Director, remove the race track from the Leased Premises under Section 12e. Section 9. Surrender. Lessee acknowledges and understands that the City's agreement to lease the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration. termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Section 10. Lease Consideration. For and in consideration of the rights and privileges granted in this lease, and in lieu of lease payments to the City, Lessee must constract, maintain, and operate a public youth fbotballprbgram cfn fliei Premises: -- Further, Lessee must maintain the Premises by mowing, collecting litter, etc. as shown in the attached Exhibit "A2" and as directed in writing by the Director. H :ILEG-OI RIOlgaRIOoyle\Park & Rec10914040C.South Texas Y outhF ootbaIiLeague.Lease.UseAgmt.doc Page 4 of 13 Section 11. Articles of Incorporation, Bylaws, and Membership and User Requirements; Hours and Terms of Operation; Lessee Responsible for Activities. a. Articles of Incorporation, etc. Attached as Exhibit B is a certified copy of Lessee's Articles of Incorporation, Bylaws, and Membership and User Requirements. Attached as Exhibit C is a certified copy of Lessee's Schedule of Activities, Hours and Terms of Operation, and Membership and User Fees. Membership and User Requirements and Fees must be reasonable so that the Premises and improvements are reasonably available for use by the public. Exhibits Band C are collectively referred to as "operation documents." Lessee may not make any change in the originals of any of these operation documents without prior written consent of the Director. The written consent and certified copies of the revised operation documents must be attached to this lease as Exhibits. b. Lessee responsible for activities on Premises. Notwithstanding any right of City to inspect or approve any improvement or activity under this lease, Lessee covenants that it and its members are solely and exclusively responsible for all activities on the Premises and have control of the Premises; that the City has no responsibility for safety of, or any activity on, the Premises; and that Lessee shall not rely on any City inspection or action. Lessee is solely responsible for the safety of all activities on the Premises. Section 12. Alterations. a. Lessee may not make any alterations, additions, or improvements to, in, on, or about the Premises, without the prior written consent of the Director. Lessee must also obtain clearance from the Risk Manager as required by Section 29.f. of this Lease. b. Lessee, if directed by the Director, must construct and maintain screening or other safety barriers to ensure, to the extent reasonable, that baseballs are confined to the premises. c. Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Park and Recreation Director, and Engineering Services Director for review and written consent. d. If the Park and Recreation Director and Engineering Services Director consent to, and the Risk Manager grants clearance for, the alterations, additions, or improvements, the Lessee shall obtain all required permits for the construction; and the construction is subject to inspection by the Park and Recreation Director, Engineering Services Director, City's Building Official, and their designated represent9tiYe~. e. All approved alterations, improvements, and additions made by the Lessee upon the Premises, although at Lessee's own expense, shall, if not removed by Lessee at any termination or cancellation of this Lease, become the property of the City in fee simple without any other action or process of law. Lessee agrees to be contractually H :ILEG-DIRIOlgaRIDoyleIPark & Rec1091404DC.South Texas Y outhFootbaIlLeague.Lease.UseAgmt.doc Page 5 of 13 and financially responsible for repairing any and all damage caused by the removal. If items are installed in a manner that they become fixtures, the fixtures may not be removed by Lessee upon termination and become the property of the City. Section 13. Taxes, Assessments, Licenses, and Fees. a. Lessee must pay, in full prior to each respective due date, all taxes, assessments, licenses, and fees required by the Lessee's use of the Leased Premises; this includes, but is not limited to, any ad valorem taxes, personal property taxes, and sales taxes, that could be assessed against the Leased Premises and any buildings, improvements, or fixtures appurtenant to the Leased Premises.. b. Lessee covenants to pay, in full prior to each respective due date, payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, publication 15, as it may be amended. c. Lessee must provide proof of payment of all taxes within 30 days after Director requests proof of payment. Failure to payor provide proof of payment is grounds to terminate this Lease. Section 14. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease, and including during any Holdover Period that may occur. Section 15. No Liens. Lessee agrees not to permit any mechanic's lien, materialman's lien, tax lien, or any other lien to become attached to the Leased Premises, or any part or parcel of the Leased Premises, or the improvements on the Leased Premises, because of any work or labor performed by any mechanic, materials furnished by any materialman, or any other reason. Section 16. Assignment and Subleasing. a. Lessee may not assign or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance by the City Manager, which approval will not be unreasonably withheld. b. Upon approval of the assignment, Lessee may request the City to release Lessee from any further liability under the Lease. City will grant the release if the assignee covenants to assume all obligations and duties of Lessee of this Lease. c. Any attempted assignment or sublet without the prior written consent of the City Manager renders this Lease void. d. An assignment of the Lease under the same terms and conditions is not an amendment of the Lease. H :ILEG-OI RIOlgaRIOoylelPark & Rec10914040C.South Texas Y outhFootbaIiLeague.Lease.UseAgmt.doc Page 6 of 13 e. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee, and is partial consideration for City's consent to the assignment. f. Any failure of assignee to strictly comply with each provision, term, covenant, obligation, and condition in this lease may render this Lease null and void. Section 17. Signs; Warning Signs Posted. a. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the Premises, or any part of this Lease, without the prior written approval of the Director. b. The City may require Lessee to remove, repaint, or repair any Signs allowed. If Lessee does not remove, repaint, or repair the Signs within ten (10) days of the Director's written demand, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Alternatively, the City may do or cause the work to be done, and Lessee shall pay the City's costs within thirty (30) days of receipt of the Director's invoice. If payment is not timely made, the City may terminate this Lease upon ten (10) days written notice to Lessee. c. Lessee must post the Premises with signs warning that it is a baseball field and no trespassing is allowed. The Director shall approve the wording on the signs and shall determine the placement of the signs. Section 18. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's operation of the Premises and Lessee's performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. Section 19. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Premises, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. The City hereby reserves the right to take the action as the United States may direct to enforce this covenant. Section 20. Drug Policy. Lessee must adopt a Drug Free Workplace and drug testing policy that substantially conforms to the City's policy. Section 21. Violence Policy. Lessee must adopt a Violence in the Workplace and related hiring policy that substantially conforms to the City's policy. Section 22. Maintenance. Lessee shall maintain the Leased Premises and all improvements in good and safe condition during the Lease term. H :ILEG-DIRIOlgaRIDoyleIPark & Recl091404DC.Soulh Texas Y oulhFoolbaIlLeague.Lease.UseAgml.doc Page 7 of 13 Section 23. Furniture, Fixtures, and Equipment. a. It is understood that Lessee is responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. b. All personal property and trade fixtures furnished by or on behalf of Lessee remain the property of the Lessee, unless the personal property and trade fixtures are specifically donated to the City during the term of this Lease or any Holdover Period. c. The Director retains the right to approve all furnishings and fixtures that may be installed in the Premises, during the term of this Lease and any Holdover Period, prior to installation. Section 24. Utilities. Lessee must pay for all utilities used by it on the Premises or used by any other activities sponsored by the Lessee on the Premises. Section 25. City's Right of Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is providing maintenance in accordance with and as required by Section 22 or for any other purpose incidental to the City's retained rights of and in the Premises. Section 26. Director's Right to Access Premises in Emergency. a. Lessee shall provide the Director with keys to the Premises, and a current list of names and phone numbers, for use by the Director, in the event of an emergency. b. The Director has the right to enter the premises during the regular hours of operation or at anytime in an emergency. Section 27. City Use. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. Section 28. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor"') covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person including, without limitation on the foregoing, premises defects, workers' compensation and death claims, or property loss or damage of any other kind whatsoever, to H :ILEG-DIR\OlgaR\Doyle\Park & Recl091404DC.Soulh T exasY outhF oolbaIlLeague.Lease. UseAgmt.doc Page 8 of 13 the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part: (1) Lessees performance under this Lease; (2) Lessee s use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease; (3) the violation by Lessee, its officers, employees, agents, or representatives or by Indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or (5) an act or omission on the part of Lessee, its officers, employees, agents, or representatives or of Indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of Indemnitees, or any of them, but not if caused by the sole negligence of Indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys I fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee, relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions relating to this Lease with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from the liability, injury, damage, loss, demand, claim, or action. Section 29. Insurance. a. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit D, which is incorporated in this Lease by reference. Lessee shall use an insurance company or companies acceptable to the Risk Manager. Failure to maintain the insurance during the term of this Lease, at the limits and requirements shown on Exhibit D, constitutes grounds for termination of this Lease. b. The Certificate of Insurance must be sent to the Risk Manager prior to occupancy of and operations at the Premises. The Certificate of Insurance must provide that the City will have thirty (30) days advance written notice of cancellation, intent to not renew, material change, or termination of any coverage required in this Lease. H:\LEG-DI R\OlgaR\Doyle\Park & Rec\091404DC.South Texas Y outhFootbaIlLeague.Lease. UseAgmt.doc Page 9 of 13 c. Lessee shall provide, during the term of this Lease, copies of all insurance policies to the Risk Manager upon written request by the City Manager. d. The Risk Manager retains the right to annually review the amount and types of insurance maintained by Lessee, to require increased coverage limits, if necessary in the interest of public health, safety, or welfare, and to decrease coverage, if so warranted. In the event of any necessary increase, Lessee must receive thirty (30) days written notice prior to the effective date of the requirement to obtain increased coverage. e. If alcoholic beverages are served on or in any Premises covered by this Lease, the Lessee shall additionally obtain or cause to be obtained alcoholic beverage liability insurance in the amount of one million dollars ($1,000,000.00) covering the event or time period when alcoholic beverages are to be served. f. Lessee shall, prior to any addition or alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. This clearance is in addition to the prior consent required by Section 12(a) of this lease. Section 30. Default. The following events constitute default under this Lease: (1) Failure to provide consideration in lieu of paying rent or failure to make other payments under this Lease. (2) Failure to pay utilities before the due date. (3) Failure to perform scheduled maintenance. (4) Abandonment of the Premises. (5) Failure to maintain any insurance coverages required in this lease. (6) Failure to timely pay City's invoice for the removal, repainting, or repair of any Signs at the Premises. (7) Failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 31. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: (1) Give notice to Lessee that this Lease terminates upon the date specified in the notice, which date will be no earlier than five (5) days after the giving of the notice. (2) Immediately or at any time after the occurrence of the event of default and without notice or demand, or upon the date specified in a notice, if given, or in any H:ILEG-DI RIOlgaRIDoylelPark & Rec1091404DC.South T exasY outhF oolbaIILeague.Lease. UseAgmt.doc Page 10 of 13 notice issued under law, the City may enter into and upon the Leased Premises and retake possession, by legal proceedings or otherwise, expel Lessee and anyone claiming through or under Lessee, remove Lessee's or a claimant's goods and effects, forcibly, if necessary, and store the goods in the name and at the expense of Lessee. Section 32. Enforcement Costs. If the City files any legal action or proceeding to repossess the Premises, collect the lease payment(s) due under this Lease, collect for any damages to the Premises, or to enforce in any other way the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of competent jurisdiction adjudges as reasonable attorneys' fees in the action or proceeding, or in an appeal, if a judgment is rendered in favor of the City. Section 33. Modifications. No provision of this Lease may be changed, modified, or waived, unless the change, modification, or waiver is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 34. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the Director. Section 35. Notice. a. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission with proof of delivery. c. All the communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Park and Recreation Dept. P.O. Box 9277 - Corpus Christi, TX 7846!f~9277 Attn: Director of Park & Recreation (361) 880-3464 David Hessong, President South Texas Youth Football League, Inc. 6718 Drake ---- . Corpus Chifsti, Texas 78413 (361) 815-5423 H:\LEG-DI R\OlgaR\Doyle\Park & Rec\091404DC.South Texas Y outhFootbaIlLeague.Lease. UseAgmt.doc Page 11 of 13 d. Either party may change the address to which notice is sent by using a method set out in subsection (a) of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 36. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond the party's control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 37. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, the City and Lessee will each act in an individual capacity and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 38. Not for Benefit of Third Parties. This Lease is only for the benefit of the City and Lessee, and no third party has any rights or claims under this Lease or against the City. Section 39. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, as required by the City's Charter, in the legal section of the local newspaper. Section 40. Interpretation. This Lease shall be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 41. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease. Section 42. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 43. Severability. a. Itis the definite intent of the parties to this Leasethafevery secfion, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. Therefore, if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or H :ILEG-DIRIOlgaRIDoyleIPark & Recl091404DC.South T exasY outhFootbaIlLeague.Lease. UseAgmt.doc Page 12 of 13 unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease, then the remainder of this Lease is not affected, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Lease automatically. Section 44. Venue. Venue lies in Nueces County, Texas, where this lease was entered into and will be performed. Section 45. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained in this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Section 46. Binding Lease. It is further mutually understood and agreed that the covenants and agreements contained in the Lease, to be performed by the respective parties, are binding on the parties, and their respective successors and assigns. Section 47. Acknowledgment. Each party expressly agrees that it has independently read and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by the Council and executed by the City Manager or by his designee. EXECUTED IN DUPLICATE ORIGINALS on the 4rflaay of 0 ~ ,2004 F CORPUS CHRISTI ATTEST: Armando Chapa City Secretary D 14 September 2004 r o e K. Noe City Manager Oyreu:-curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney ~ rd.. (J~~~~ AUTHOWIH.t 8Y OOUNCll.___.l~Ltil.!:t .............l!r:t- SECl!ITARV ~ H:ILEG-DI RIOlgaRIDoyJelPark & Recl091404DC.South Texas Y outhF ootbaIILeague.Lease.UseAgmt.doc Page 13 of 13 STATE OF TEXAS ~ ~ COUNTY OF NUECES ~ This instrument was acknowledged before me on ~ 0~ ,2004, by George K. Noe, City Manager of the City of Corpus Christi, a Texas home-rule Municipal Corporation, on behalf of the corporation. ~p~ Notary Public, State of Texas Printed Name: F~..._~ Connie pa""! . ii,*:-. \. '~My commi'Slon Expires .' i. 09 2001 ....,.~ tlOvembOf . "'F'" ...... Expiration Date: SOFTBALL ASSOCIATION, INC. ent STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on It...{ S e.pf~ ,2004, by David Hessong, President of South Texas Youth Football League, Inc., a Texas nonprofit corporation, on behalf of the corporation. ~Yl ~Ir--' Notary Public, State of Texas Expiration D Notary Public, State of Texas My Commission Expires H :ILEG-DIRIOlgaRIDoyleIPark & Recl091404DC.South Texas Y outhF ootbaIlLeague.Lease.UseAgmt.doc Exhibit A-1 PIiR Ya./1H ::DeGER ttf , , , ", =:t I ',<<A I " 'CMII\DV : '1-- I : I !G ! I r-- I, ~. . 1-_ __r__~: tier. ::=~An :: LJ n _., ..,,__ e....,. DAn:: au: tdllt : C~:??j fM:.::.._......_ " - - 51-LL wrrr PARK @SlTEPlAN - - .. ~ Page 1 of 2 EXHIBIT A-2 DETAILED CONDITIONS FOR USING PREMISES CITY OF CORPUS CHRISTI, TEXAS BILL WITT FIELDS LEASE & USE AGREEMENT WITH THE SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC. This Exhibit A2 contains detailed conditions for using the Premises ("Premises") defined in, and is attached to and governed by, the CITY OF CORPUS CHRISTI, TEXAS Lease and Use Agreement with SOUTH TEXAS YOUTH FOOTBALL LEAGUE, Inc. 1. Lessee Services and Responsibilities. 1.1 Football. Annually Lessee will offer a season of Pop Warner Youth Football. Football will be offered to ages 5 through 14. Lessee may also hold tournaments with dates to be determined in conference with Park and Recreation Director. Dates of the tournaments must be requested as soon as possible each year. The Park and Recreation Director will inform Lessee as soon as dates have been determined. All members of all teams playing on Lessee's Premises must be registered with a nationally recognized sports organization. Lessee may grant use rights for Lessee's Premises to nationally recognized sports organization registered teams for practice. 1.2 City Use. If Lessee is not using its Premises, City may use any or all of the area for recreational purposes. The City reserves the right to accept tournament play at any City sports field at the rate schedule established by the Park and Recreation Fee Ordinance. 1.3 Maintenance. Lessee must maintain the Premises. If Lessee fails to perform maintenance tasks as scheduled, or fails to perform repairs in a timely manner, City may do so and bill Lessee. Lessee must pay City within 30 days after Park and Recreation Director's written demand. At a minimum, maintenance includes: a. Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; b. Lessee shall keep the Premises (including any buildings, permanent or temporary) operational and in good repair; including, but not limited to, the football fields, irrigation systems and fair weather parking area. c. Lessee must immediately report any vandalism to the Park and Recreation Director, or his designee, and the Corpus Christi Police Department, _t--Ju~c:~sCounty, Texas; ____ d. Lessee must keep safe and in good repair the bleachers; Lessee must repair the bleachers within 48 hours after the need for repair is, or should have been discovered. H:\LEG-DIR\OlgaR\Doyle\Park & Rec\091404DC.SouthTexasYouthFootballLeague.Lease.UseAgmt.ExhbA2.doc Page 2 of2 e. Lessee must keep any parking areas and access roads free of debris, properly designated, and free of potholes in accordance with standards issued by the Park and Recreation Director. Lessee must repair potholes using the appropriate material, concrete or asphalt, within ten (10) working days after the need for repair is or should have been discovered; f. Lessee must ensure that parking is confined to designated areas; g. Lessee must maintain the Premises within the Lease boundary lines. Lessee shall be responsible for maintaining the grass at a safe height not to exceed six (6) inches. Lessee will water the Premises, in compliance with any effective drought plan. h. Lessee must provide portable toilets for public use whenever the Premises are being used for league activity. The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances require as determined by the Park and Recreation Director. 1.4 Reaistration. etc. Lessee will promote the program so that the public is aware of the organization's activities. Lessee will conduct all registration, take all fees, schedule all games, including makeup games and playoff games, and provide trophies for the top team in each league. 1.5 Utilities. Lessee must pay for all utilities, such as electricity, water, wastewater, and solid waste bills associated with its usage of the Premises. Lessee must pay for all its phone bills. 1.6 Officials. Lessee must provide officials (referees, umpires) for each scheduled game. 1.7 Comolaint Notice. Lessee will post a notice at Premises, in a form approved by the Park and Recreation Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880-3460 and talk to the Park and Recreation Director, or designee. 2. City Resoonsibilities. 2.1 Debt Service. City will pay bond debt for Premises. 2.2 Maintenance. City will maintain the areas outside of the Premises determined by this lease. 2.3 Caoitallmorovements. City will fund capital improvements determined by the City that are needed at its discretion. ----U--Confacf Person. For the Lease, the City'scoritaCl personislhe Park and Recreation Director. H:\lEG-DIR\OlgaR\Doyle\Park & Rec\091404DC.SouthTexasYouthFootbaIlLeague.Lease.UseAgmt.ExhbA2.doc / I"V.-s.. '''''''~'' \?1 i=;~~'S':. \-;,...0, ~ c". ~. o,. -I . . A \. ' "~ 'ij!~r ~tZlb of 'aIrxZl5 ~tcrri/lT1! of ~t/ltt ~ ~ CERTlcICATE OF INCORPORATION OF SOUTH TEXAS YOUTH FOOTBALL LEAGUE, INC. CHA~TEK NUM~Ek 01433812 Th~ UNDERSIGNED, AS SECRETARY OF STATE OF THE STATE OF TEXAS. HEREBY CERTIFIES THAT THE ATTACHED ARTICLES OF INCORPORATION FOR THE ABOVE NAMED CORPORATION HAVE BEEN RECEIVED IN THIS OFFICE AND ARE FOUND TO CONFOR~ TO LAW. ACCORDI~GLY, THE UNDERSIGNED. AS SECRETARY OF STATE. AND BY VIRTUE OF THE AUTHORITY VESTED IN THE SECRETARY BY LAW. HEREBY ISSUES THIS CERTIFICATE OF INCORPORATIUN. ISSUANCE OF THIS CERTIFICATE OF INCO~PoRATION DOES NOT AUTHORIZE THE USE OF A CORPORATE ~A~= IN THIS STATE IN VIOLATION OF THE RIGHTS OF AiOTHEi< UNUn THE FEOEJl.AL P"OE"'\RK ACT OF 194b, THE TEXAS TRADEMARK LAlh THE ASSUMED 8USINESS OR P~OFESSIONAL NAIIE ACT UR THE ColIlION LAW. DATED FEB. 10, 1997 EFFECTIVE FE,,. 10, 1997 '. '.1. .' - -__\-.,l ~f'\ \... 0 1=t- . Antonio O. Garza. Jr.. Secretary of State .-~-.:..;-=--..; ~ ~ \) \ ~ * \ N "'" " A non-profit corporation under th Texas Non-Profit Corporation Act I rlLEO ------- S r) the Off ----, eCrelary of "S'C~ of Ih I' . tate e . FEe Of texas, 1 0 7997 , SOQTH TEXAS YOUTH FOOTBALL LEAGUE, I ARTICLE I - NAME Cor Po "'. rQ<lor)s ~ action The name of the corporation (hereinafter called the Corporation) is South Texas Youth Football League, Inc. ARTICLE II - PERIOD OF DURATION The Corporation shall have a period of duration that is perpetual. ARTICLE III - NON-PROFIT STATUS The Corporation is a non-profit corporation operating for charitable purposes. ARTICLE IV - PURPOSE SECTION A The lawful purpose of the Corporation is charitable under Section 501[c][3J of the United states Internal Revenue Code of 1986. SpeCifically, the Corporation will initiate, implement, conduct, and fund youth football programs, including cheerleading and field drill teams, which will promoCe, provide and foster quality, wholesome youth sports opportunities and experiences for all youths who wish to participate. _ SECTION B In connection with and in furtherance of the purpose herein stated above, the additional objectives of the corporation are to afford and provide services and programs which include but are not limited to: The delivery of strong anti-drug, alcohol and tobacco messages to participants using quality role models to encourage them to adopt a substance-free lifestyle; programs that will build Character, feelings of self-worth, promote a sense of fair play, teamwork, phYSical and moral strength, health and coordination in young people and participating adults; programs that promote sportsmanship at all levels of participation in the league, including players, other participants, coaches, parents, officials and fans; and serving as an advocate of quality youth sports. ARTICLE V - NAME OF REGISTERED AGENT AND LOCATION OF REGISTERED OFFICE SECTION A o,.t/<' t,t The name of the registered agent of the Corporation is Victor A. Menard. SECTION B The address of the registered office of the corporation is 1510 Dove Lane, Corpus Christi. Nueces County, Texas 78418. PAGE 2 - South Texas Youth Football League, Inc. \ I ~ ~ ' ARTICLE VI - MEMBERSHIP The Corporation shall have no members. ARTICLE VII - BOARD OF DIRECTORS SECTION A The governing body of the corporation shall be a Board of Directors who shall select and appoint an Executive Director to carry out the daily business of the Corporation under their direction and approval. SECTION B The Board of Directors shall consist of not less than three bu t no more than thirty persons. The Board of Directors shall meet at least quarterly at a time and place designated by the Board to formulate programs and policies, adopt an annual budget, adopt or amend by-laws, elect officers, make appropriate administrative decisions, and conduct other such business as it deems necessary. SECTION C Members of the Board of Directors and its officers shall be nominated and elected in accordance with by-laws adopted by the Board. Officers shall include but. are not limited to: President, Vice-President, Secretary and Treasurer. SECTION D The names and addresses of the initial Board of Directors of the Corporation are: Victor A. Menard 1510 Dove Lane Corpus Christi, Texas 78418 Scott Dinkens 5443 Everhart, Suite C Corpus Christi, Texas 78411 Rudy Garza 7213 Westphal Corpus Christi, Texas 78413 ARTICLE VIII - INCORPORATOR The name and address of the sole incorporator of the Corporation is: -----Vi-ctor A. Menard 1510 Dove Lane Corpus Christi, Texas 78418 ARTICLE IX - INDEMNIFICATION The Corporation holds harmless and otherwise indemnifies members of the Board of Directors, sponsors and all volunteers. , . PAGE 3 - South Texas Youth Football League, Inc. , , ARTICLE X - EFFECTIVE DATE OF CORPORATION The Corporation, and the filing of these documents, shall be effective upon receipt and approval by the Texas Secretary of State. ARTICLE XI - DISSOLUTION Upon dissolution of the Corporation, the assets of the Corporation shall be distributed as described in Article 6.02(3) of the Texas Non-Profit Corporation Act, with references to distribution of assets for tax-exempt purposes to organizations exempt under Section 501(c][3] of the Internal Revenue Code. In on my witness whereof, I January 16, 1997, act. have signed these Articles of Incorporation and severally acknowledge the same to be ~~""~ Victor A. Menard, Incorporator State of Texas County of Nueces This instrument was acknowledged before me on January 16, 1997 by Victor A. Menard. ~"\L'-~~.9.0 Nota Public My C mission Expires 11/05/98 Cynthia Littrell SOUTH TEXAS POP WARNER YOUTH FOOTBALL LEAGUE BY-LAWS and PLAYING RULES Adopted January, 1997 ReviseltJune,200t Revised June, 1999 Revised June, 2000 TABLE OF CONTENTS Section I INTRODUCTION ].0 GENERAL I.J Identification This non-profit league shall be known as the "SOUTH TEXAS POP WARNER YOUTH FOOTBALL LEAGUE, INCORPORATED, and shall be chartered in the State of Texas for the purpose of representing the Greater Corpus Christi Metropolitan Area as an affiliate of Pop Warner Little Scholars, Inc. which is headquartered in Philadelphia, Pennsylvania. 1.2 Rel!istered Office The address of registered office of the corporation shall be that of the current President or Vice-President. 1.3 Seal or Stamp The stamp of the corporation shall be circular in form and mounted upon a self-inking base with black ink. The seal or stamp shall contain the official South Texas Pop Warner Logo, a helmet with a decal containing the outline of the State of Texas and the words Corpus Christi inside the outline. About the periphety of the seal or stamp shall appear the words "South Texas Pop Warner" and Incorporated, February 10, 1997. 1.4 Fiscal Year The tiscal year of the corporation shall begin on January I, and end on December 3], of each year. 1.5 Gender The use of mascnline gender throughout these By-Laws is a matter of convenience. All masculine gender words imply automatically to either male or female. 1.6 Notices Unless a different form or method of notice is specified by these By-Laws, all Notices required to be given under any provision of these By-Laws shall be in writing, except on notices of Time Critical which may be hand delivered or faxed, addressed to the last known address of the addressee. All notices shall be deposited in the U.S. Mail, postage thereon prepaid. 2.0 DEFINITIONS 2.1 National Pop Warner Little Scholars, Inc., shall hereinafter be referred to as ''NATIONAL''. 2.2 Division A particular classitication of age and weight is hereinafter referred to as a "DNISION". 2.3 League The League is issued the charter by Pop Warner Little Scholars, Inc. and shall hereinafter be referred to as "I.RAGlIF" --'ll1<<.League is responsible fo.. scheduling games, hiring offieials, deel&ing champivu.,u enforcing the rules and administering the local PWLS program. 3 2.4 Association The sponsor of one (I) or more individual team units shall hereinafter be referred to as an "ASSOCIATION". The association shall operate as the first level of administration as part of a league in one (I) or more divisions of play. The association is responsible for raising funds, selecting and providing equipment, providing a coaching staff and managers and the general overall operation of its member teams. 2.5 Team The basic unit within an association is identified as a selected group of certified players within the age and weight division and is hereinafter referred to as a "TEAM". 2.6 General Membershin Each team participating in the League shall have one (I) person designated as the team representative or delegate. The collective body of team delegates shall hereinafter be referred to as the "GENERAL MEMBERSHIP". 2.7 Non-Profit Corooration "Non-Profit Corporation is the equivalent of "Not for Profit Corporation", and means the corporation will not distribute any part of its income to its members, directors or officers. 2.8 Articles "Articles" and "Articles of Incorporation" mean the Articles of Incorporation of South Texas Pop Warner Youth Football League, executed and acknowledged by the incorporates and fIled with the Secretary of the State of Texas on February 10,1997. 2.09 Membern "Members" means one having membership rights in provisions of the By-Laws. 2.10 Code ofBv-Laws "Code of By-Laws" and "By-Laws" mean the By-Laws as amended from time to time. 2.11 Boundaries Boundaries for this League and all member associations therein shaII be Nueces County and its contiguous counties (San Patricio, Aransas, Live Oak and Bee), to include all towns, municipalities, etc. within the outermost boundaries of the counties. 3.0 PURPOSES AND OBJECTIVES 3.1 General The purposes and objective for which the STPWYFL is organized are: a. To acquaint the residents of the Greater Corpus Christi Metropolitan area with the aims and goals of Pop Warner Little Scholars, Inc., stimulate their interest, solicit their assistance and provide youth with an opportunity to play the game of football and cheerlead in a supervised, organized and safety-oriented manner. b. To~uperviS<1and regulate particiPatiotttbr<Jugb:_ _ _ I. Standardization of safe playing rules and equipment. 2. Enforcement of age and weight classifications. 4 3. Approval of qualifications of adult leaders. c. To supervise the growth and welfare of chartered associations and the fonnation and incorporation of new associations or teams. d, To encourage the sustaining of good scholastic records by the players, through monitoring of grades and citizenship and awarding appropriate recognition. e. To inspire youth, regardless of race, creed or national origin to practice the ideas of sportsmanship, scholarship and physical fitness. 4.0 BY-LAWS AND RULES OF PLAY 4.1 National Rule Book Except as herein provided, the National Rules and Regulations are accepted and hereinafter shall be part of these By-Laws. 42 Basic Plavin" Rules Football games played by teams participating In South Texas Pop Warner Youth Football Leagne shaH be governed by the contest rules of the National CoHegiate Athletic Association with the exceptions as noted in the National Pop Warner Rules and as herein modified below. 4.3 Amendment ofBv-Laws The By-Laws of this League may be amended by the affinnative vote of a simple majority of tbe Board of Directors. Proposed amendments, in writing, may be presented at any anonal, regular or special meeting of tbe Board of Directors, provided that fifteen (15) days written notice of the proposed amendment, in advance of said meeting, has been given to all Board of Directors. The By-Laws of this League may also be amended by a unanimous vote of all of the Board Members. 4.4 SUSDension ofBv-Laws A By-Law may be suspended for one year by a vote of a simple majority of the Board of Directors. After one year the By-Law must be reinstated or amended as in paragraph 4.3 above. 5 Section 2 LEAGUE MEMBERSHIP 1.0 MEMBERS Members of the STPWYFC shall consist of the associations shown below and such members as may hereafter be admitted in accordance with Paragraph 2.0 of this Section. I. South Corpus PanthersNikings 2. Central Corpus Christi Texans 3. Flour Bluff Homets 4. Oso Rams 5. Northside Bucs 6. Gregory-Portland Wildcats 7. Robstown Titans 8. Mathis Pirates 9. Calallen Wildcats Any association or sponsor organized for the purpose of operating a youth football program may apply for membership in this League. 2.0 ADMISSION FOR NEW MEMBERS Each applicant for new membership shall make written application to the League not later than the June monthly meeting of the current year. The written application shall descn'be the divisions of play, the general recruiting area, and the location of practice field. Such application shall fw1her describe and contain the following information. a. A copy of the association's Constitution and By-Laws. b. The names, addresses and telephone nombers of all officers and directors. c. A written representation, that upon acceptance, the applicant will subscribe to and agree to be bound by the By-Laws and Playing Rules of the STPWYFL and any amendment or modification thereto. 3.0 APPROY AL OF APPLICA nON Each application must be approved by the affinnative vote of a simple majority of the Board of Directors present at an official meeting at which a quonnn is present Additional associations will be approved only after it is proven to the Board of Directors that such an action will serve the interest of the players in the area, and will not present a weakening influence on the association(s) affected by a loss of territory, or that they would field teams that would serve youths not now being serviced by an existing association(s). The conditions for approval are: a) The Association agrees to revise their by-laws in accordance with STPWYFL recommendations, and not make fw1her revisions for a period of five years without the approval of the Board of Directors. b) There will be a two-year probationary period prior to final approval. . __ ___ __c}'fhe President of the newMS9!:iapon must remain in office during lbe. pmbationary period d) The Association agrees to field a minimom of two teams in two different divisions of play. 6 4.0 TERMlNA nON OF MEMBERSHIP 4.1 Voluntary Withdrawal Any member of the League may voluntarily withdraw from membership by tendering its written resignation to the League President or Secretary, accompanied by full payment of any and all fmes, assessments, and debts owed to the League at the time of withdrawal. 4.2 Disbanded Association Any STPWYFL Association that disbands within the guidelines of these by-laws must sWTender any and all equipment, monies, and assets to the STPWYFL; to be held in trust for future Associations in the same area, 4.3 InvolWltarv Tennination Membership in the League shall be automatically tenninated whenever: a) A member pennanently disbands its association or ceases its activities, or, b) A member disbands all of its team during the regular season, or fails to register and field a team(s) by the start of a regular season, or, c) A member is denied a Charter by National, or, d) A member fails to pay an outside debt, makes no attempt to clear the debt, and the debt is verified with the outside party by the STPWYFL. e) A member financially in arrears on January I" shall forfeit voting privileges until such debts are satisfied, or until July I", at which time the member shall be tenninated. f) Member Associations failing to field two teams in two different division will be placed on probation for that season. Failure to field those two teams for two consecutive years will result in suspension. 5.0 DISCIPLINE The League has the authority to suspend, discharge, or otherwise discipline any association that the STPWYFL considers detrimental to the program. 6.0 TEAM NAMES/COLORS 6.1 General Each team with the League shall have a different name, The exception to this rule is when the team's name requested is the same as the area~s High School. In this case, the duplication oftearn names is permitted. 6.2 ReSDonsibilitv The Board of Directors shall be responsible for approval of team names to new member associations, on a first-come, first-serve basis. The Board of Directors will also approve colors. In cases where the association would like the area's High School colors, this request must be honored. 7 Section 3 LEAGUE OFFICERS 1.0 DESCRIPTION OF OFFICERS The officers of the League shaIl be a President, Vice-President, a Secretary, a Treasurer and such other officers as may be elected in accordance with the provisions of this Section. 1.1 President The President shall be the principal executive officer of the League and shall supervise all the business and affairs of the League. He shall preside at all meetings of the General Membership and of the Board of Directors at which he is present. He may sign any deeds, mortgages, bonds, contracts, checks or other instruments, which the Board of Directors has authorized to be executed. And, in general, shall perfonn ail duties incident to the office of President and such other duties as may be prescribed by the Board of Directors from time to time. The President may appoint such other officers, including an Assistant Secretary and Assistant Treasurer, as he shall deem necessary; such officers to have the authority and perfonn the duties prescribed by the Board of Directors. The same person may not hold two offices. 1.2 Vice-President In the absence of the President, or in the event of his inability or refusal to act, the Vice-President shall perfonn the duties of the President, and when so acting, shall have all the power of and be subject to all the restrictions upon the President. The duties of the Vice-President shall be to investigate all grievances, conduct hearings, and hear complaints. The Vice President shall perfonn such other duties as from time to time may be assigned to hiin by the President or by the Board of Directors. 1.3 Secretary The Secretary shall be responsible to record League and general membership meeting minntes and send meeting notices and other appropriate infonnation to the Board of Directors and National Pop Warner Headquarters. The Secretary shall record all Association Presidents and head coaches, including name, position, address and telephone nmnber. He shall also publish and distribute regular season and bowl game schedules and the results of each. 1.4 Treasurer The Treasurer shall be responsible to provide financial advice and guidance to the Board of Directors and to the League as a whole. He shall maintain such financial records, as are appropriate to the effective operation of the League, prepare and deliver financial reports monthly or as required by the President. He shall establish an accounting system which has individual accounts or sub-accounts identical to those presented in the annual budget. He shall be responsible for the preparation and presentation of the annual budget to the Board of Directors. He shall have charge and custody of and be responsible for all funds and securities of the corporation; receive and give receipts for monies due and payable to the corporation from any source whatever; and deposit all such monies in the name of the corporation in such banks or other depositories as shall be selected in accordance with the provisions of these By-Laws; and, in general, perform all the duties as from time to time may be assigned to him by the President or the Board of Directors. 1.5 Director of Cheerleadin2 The Director of Cheerleading, appointed by the President, shall be a voting member of the Board of 8 Directors and shall coordinate all cheerleading activities under the direction of the STPWYFL. 2.0 ELECTION AND TENURE OF OFFICE The officers of the League shall be elected each year by the Board of Directors at the first regular monthly meeting of the Board of Directors. This meeting shall normally be held in Janwuy of each year. The election of each officer shall be conducted separately by secret ballot with the candidates listed in alphabetical order. The installation of officers shall be held immediately following the election of all newly elected officials and they shall assume their duties upon installation. No restriction shall be placed upon an officer to prevent his re-election, except when removed by impeachment by the General Membership. The tenn of office of every officer of the League shall expire at the next regular meeting of the newly elected Board of Directors. The tenn of office of each officer shall continue until his successor has been elected and qualified, unless he resigus or is removed for cause. The League President may not be affiliated with any Association. The Secretary and/or Treasurer may be affiliated with an Association only if there are no nonaffiliated nominees available. 3.0 VACANCIES If a vacancy occurs in a League office, the Board of Directors shall appoint a replacement and he shall serve the remaining term of that office. A vacancy shall exist until a replacement is appointed. 4.0 REMOVAL Of OFFICERS Following discussion, any officer of the League may be removed from office by an affinnative vote of not less than two-thirds (213) majority of the Board of Directors. 5.0 RESIGNATION Any officer may resign at any time by giving written notice to the President, or to the Secretary. Such resignation shall take effect on the date of the receipt of such notice or at any later time specified therein. The acceptance of such resignation shall not be necessary to make it effective. 6.0 POWERS OF BOARD OF DIRECTORS The Board ofDireclors is authorized to: 6,1 Prescribe rules for the admission of members. 6.2 Make such rules and regulations as may be necessary for the government of the League and its members and to alter and amend the same. 6.3 To make rules for their own government and fix and enforce penalties for the violation of such rules. 6.4 To generally manage, transact business, and conduct all affairs necessary to the welfare of the League. 6.5 Any Director shall have authority to temporarily suspend a coach whenever in his judgment the best interest of the team or League will be served thereby, provided the Vice-President conducts a prompt, full hearing in accordance with the proper procedures outlined in the National Administrative Manual. The Vice-President shall provide a minimum of not less than three (3) days notification prior to a formal hearing, as required by the Pop Warner Administrative Manual. A suspended coach will - - _u___ r<<llain slI8Jlended-lIUtil-flnding& of a formal hearing are completed. Suspension i1w1u~- non-participation in any practices, games, or association activities. A suspended coach may waive his right to a minimum of three (3) days notice and request a time critical hearing. This must be accomplished within twenty-four (24) hours after receipt of Notice of Hearing, followed by a 9 written waiver delivered to the President, or Vice-President not later than forty-eight (48) hours after receipt of Notice of Hearing. Failure to comply with the above time requirements would terminate a coach's eligibility for a time critical hearing. 6.6 The Directors shall fix the fees and dues of membership from time to time. Additional expenses as authorized by the Board of Directors, ifnot met by league treasury, will be met by assessment. The Board of Directors shall have the right to set fees and penalties as deemed necessary. NSF check charges shall be assessed at 10% of the amount of the check. Late payment fees shall be assessed at 10% of the amount owed per month. 6.1 RECORDS The acts and resolutions, whenever in writing, sigued by the President and Secretary and placed in the minute book of the corporation, shall be and constitute valid acts and resolutions of the Board of Directors. 10 Section 4 BOARD OF DIRECTORS 1.0 ASSOCIATION The Board of Directors shall consist of the Leagne officers, the immediate Past President of the Leagne, and one (I) representative of each member association of the League, with no association having more than one (I) voting member on the Board. 2.0 SELECTION OF DIRECTORS A Director sball be appointed by each association on or before the January Board of Directors meeting to serve on the Board of Directors. Any association failing to name a representative to the Board of Directors shall be contacted by the President or Secretary prior to January I, to complete the roster of the Board of Directors. The OFFICERS of the League shall be detennined in accordance with Section 3 of these By-Laws. A new association, in its application for membership, will include in its list of members a Leagne Board member. If a Board Representative resigns during the season, he may not be reinstated until the next calendar year. 3.0 QUALIFICATIONS AND TENURE The prerequisite of an appointed Director of an existing association shall be that he be an. active member and participant of this Leagne for at least one (I) year prior to his appointment. Appointed Directors of new associations shall have no requirements of prior activity in this League. Each Director shall hold office for a period of one (1) year or until his successor shall have been appointed or elected. 4.0 DUTIES AND RESPONSIBILITIES 4.1 Duties The Board of Directors shall manage the affairs of the League. The Board of Directors is authorized to: a. Determine and approve an annual operating budget. b. Detennine and fIX annual team fees. c. Prescribe rules for the admission of members and accept or reject the "Application for Membership" submitted by any association. d. To secure officials for all regular season and post-season games. e. Review, interpret By-Laws and Playing Rules, and fix and enforce penalties for the violation of said rules. f. Control and manage all property belonging to the Leagne. g. Coordinate all activities of the Leagne, including scheduling, play-offs and bowl games. h. Consider any other business that may properly be brought before them. 4.2 Resvonsibilities IUs the.respoJlSibility of each member otthe STPWYELBoard of Direcrorsto ens~all rules, regulations and By-Laws of the League and Pop Warner Little Scholars, Inc., are complied with. This includes monitoring their host association and any other association within the Leagne for compliance of the same. It is each member's responsibility to take immediate action to advise the Leagne of any violation and if within 11 his association, what action they have taken to correct future violations. If a member of the STPWYFL Board of Directors has knowledge of any violation and fails to report the violation to the League, he may be removed from the Board of Directors in accordance with Rule 6.1, STPWYFL By-Laws. 5.0 VOTING 5.1 V otin2 Members All officers and members of the Board of Directors in good standing, except the President, shall be voting members. Proxy votes shall not be allowed. The President may break tie votes. 5.2 Ouorum A majority of the number of Directors shall constitute a quorum for the transaction of business. The act of the majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors. 6.0 REMOVAL 6.1 Removal for Cause Any individual Director may be temporarily suspended by the vote of the majority of the Board of Directors and after due hearing, may be removed from office for just cause by an affirmative vote of not less than two-thirds (213) majority of the Board of Directors. 6.2 Attendance Any Officer or Director missing three (3) consecutive Board of Directors meetings or five (5) within the calendar year, without prior notification to the President or Secretary and without valid reason, may be temporarily suspended by the vote of the majority of the Board of Directors and may be permanently removed from office, for just cause, after due hearing, and an affirmative vote of not less than two-thirds (213) majority of the Board of Directors. 7 0 MEETINGS 7.1 Annual Meetin2 The Annual Meeting of the Board of Directors shall be held not later than the third (3rd) week in January at a date, time and place designated by the President. The purpose of the Annual Meeting of the Board of . Directors shall be to elect and install new officers of the League. 7.2 Relllllar Meetin2s Regular meetings of the Board of Directors shall be held on a monthly basis at a time, date and place to be determined by the Board of Directors at the Annual Meeting. 7.3 Snecial Meetin2s Special meetings of the Board of Directors may be called by the President or at the request of any Director, whenever deemed necessary to conduct business. Should the President fail to call a special meeting when requested to so by a Director, then the Vice-President will call and conduct such special meeting, when requested to do so, in writing, and the request contains the signatures of three (3) or more Directors. 7.4 Conduct of Meet in"" Exeept-with respect to matters covered specifically in these By"Laws and Playing Rules; Robert's Rules of Order Revised shall prevail in all meetings of the League. 12 7.5 PrOXV Votes Proxy votes shall not be allowed. 13 Section 5 STANDING COMMITTEES 1.0 NAME OF COMMITTEE The League's Standing Committees shall be the following; a. Post Season Bowl Committee b. By-Laws and Playing Rules Committee c. Certification Committee d. Insurance Committee e. Field Inspection Committee f. Food Raising Committee g. Cheerleading Committee h. Nominating Committee 2.0 CHAIRMAN The Vice-President with the approval of the Board of Directors sball appoint a Chainnan of each committee. The Chainnan shall serve for the current playing season or IUltil he is replaced earlier by the Vice-President and/or the Board of Directors or until his resignation. 3.0 MEMBERSHIP Each Committee Chairman sball appoint the members to serve on his committee in accordance with the numerical membership requirements in Section 5, Paragraphs 6.0 through 11.0. The Vice-President shall be an ex-officio member of all committees and when necessary break tie votes. 4.0 MEETINGS The committees shall meet and report upon the request of the respective committee Chainnan or upon the request of the President or Board of Directors by vote of a simple majority. 5.0 VOTING All members of the committee shall be voting members for purposes of conducting business of the committee, a quorum shall consist of those in attendance, and a simple majority vote shall govern. 6.0 POST SEASON BOWL COMMITTEE The Post Season Bowl Committee shall consist of a minimum of three (3) members. It shall be responsible for the coordination of all post season and Opening Day games sponsored by the League or individual associations. 7.0 BY-LAWS AND PLAYING RULES COMMITTEE The By-Laws and Playing Rules Committee shall consist of a minimum of three (3) members. It shall be responsible torevi~w !be J3y-LawluuJd l'Iaying Rules, examine tha alternatives. and recommend changes. A report-of-these- recommendations shall be made at a regular Board meeting. 14 8.0 CERTIFICATION COMMITTEE The Certification Committee shall consist of all Board members. It shall be responsible for the procedures and coordination of the certification and regisltation of all players including the regisltation forms and identification cards, and shall be under the direction of the President. 9.0 INSURANCE COMMITTEE The Insurance Committee shall consist of a minimum of one (I) member (Chairman). It shall be responsible for the planning, association, and implementation of all insurance requirements of the League. It shall review the adequacy of the insurance program, examine the alternatives, and recommend changes. The Chairman of this committee will normally be the Secretary. 10.0 FIELD INSPECTION COMMITTEE The Field Inspection Committee shall consist of all current Board Members. It shall be responsible for developing acceptable playing field standards, which it will recommend to the Board of Directors and when accepted, will inspect playing fields to insure that they meet approved standards. The Committee will report its fmdings to the Board of Directors who will then approve or disapprove field(s) for play. 10.1 Plavin!! fields Associations desiring to have their home field approved for scheduled games must submit their written request to the Board of Directors at the June Board Meeting. 10.2 Number ofPlavin!! Fields The nmnber of playing fields will be restricted to a nmnber that will allow a minimum of three (3) games on day of use played on each approved field. 10.3 Non-Consideration of Fields An association desiring to have a home field must be able to provide a concession stand, restroom facilities, and scales for weigh-ins. An association with an approved home field will be responsible for paying for the officials of the games called on this field. If an association cannot provide any of the above, approval will not be granted. lOA PlavoffField Coaches involved in playoffs sball be allowed to submit suggestions of a neutral field to the Post Season Bowl Committee for recommendation. The Committee will make the final decision. A Pop Wamer Field, if possible, is to be utilized. 11.0 NOMINATING COMMITTEE No later than the November meeting, the Vice-President shall appoint a five member nominating committee. The committee shall research, prepare, and present a slate of nominees for election at the January meeting. 15 Section 6 SCHEDULING 1.0 RESPONSIBILITY The Vice-President who may appoint a committee to assist him in this function shall schedule all pre-season exhibition and regular season games. The Chainnan of the Post Season Bowl Committee shall schedule all post-season bowl games, with final approval by the Board of Directors. 2.0 GENERAL REQUIREMENTS The following requirements shall apply to all scheduling: a. Schedules shall be prepared so as to provide a home and away schedule as possible, and shall favor home and home series between teams with approved playing fields. b. Scheduling shall be subject to the limitation imposed by field availability. Teams without a playing field may be desiguated home team at other playing fields. c. Final schedules shall be distributed no later than one (I) week prior to the first regular season games. d. Once completed, approved and distributed, the schedule shall remain intact. e. Games shall be scheduled on Satordays whenever possible. f. No game shall be scheduled to start prior to 8:00 a.m., nor later than 9:00 p.m. g. The regular season schedule shall normally start on Labor Day weekend and may be coordinated with Opening Day games when sponsored by the League. h. The League Championships shall be scheduled after regular season games and in accordance with Regional and National Championship schedules. I. The Vice-President will advise teams of any change in the schedule, including game time and field location, at least twenty-four (24) hours in advance of the revised game time, weather pemtitting. j. Each team may be scheduled to play the maximum number of games permitted by the current National Rulebook. 3.0 FIELD COORDINATION The Vice-President shall be responsible for coordinating field usage and scheduling. 16 Section 7 TEAM REGISTRATION 1.0 PURPOSE The Board of Directors shall establish a deadline date for all associations to pay registration and other fees. 2.0 DATE AND LOCATION All past due debts to STPWYFL and current year required fees and assessments must be paid to the Treasurer on an established date set by the Board of Directors or a team will not be registered for the current season. 3.0 REQUIREMENTS FOR REGISTRATION The following requirements shall be in existence for existing or new member associations to properly complete registration. 3.1 EntrY Fee The payment of the entry fee for each team, in the amolUlt approved by the Board of Directors, shall be paid to the League Treasurer. 3.2 Plaver Insurance Each association shall pay the initial premium for insurance covering the expenses of treatment for injury of players participating with their association. No team may hold any practice until player insurance has been established and proof of the same has been demonstrated to the Chairman of the Insurance Committee. Enforcement of this rule has the full backing of the Board of Directors. 3.3 Association Roster Complete roster with board members and coaching staff must be received before practice starts with COMPLETE ADDRESSES, ZIPS, and TELEPHONE NUMBERS. It must also contain practice field with dates and times of practice. 17 Section 8 CERTIFICATION OF PLAYERS 1.0 DESCRIPTION Certification is that process whereby each team will file with the League its complete roster of players for competition during the current season. Certification and weigh-in of all players shall be conducted and supervised by the Certification Committee. The procedure for individual and team certification sball be in accordance with the rules and provisions of this section. 2.0 DATES OF CERTIFICATION The League will hold two certifications (an initial or first certification - a Satorday in August, and fmal certification - the Tuesday prior to the start of the regular season). The Board will set the dates during the July Board Meeting. At least seventy-five percent (75%) of each team's players sigued up by the first weigh-in must be certified at the initial weigh-in. EXPLANATION: Seventy-five percent (75%) of a team's players sigued up is defined as follows: All potential players who have initiated an application and are currently participating in STPWYFL constitute being sigued up. Failure to comply with minimum weigh-in percentage at first certification will result in a $100 fine per team assessed to the Association. Any previously registered players that missed the initial certification must accompany the coach to the final certification. Players not certified at either of the two scheduled certifications will be eligible for the first game. 3.0 ASSIGNED TIMES FOR TEAM CERTIFICATION Each team shall be assigued a time to appear for certification by the President or Vice-President Starting times for certification shall not begin before 8:00 a.m. on Satordays and 7:00 p.m. on evenings during the week. 4.0 CERTIFICATION OFFICIALS Each Association will be required to provide two representatives and a scale for the initial certification. For the final certification, each Association must provide one representative and a scale. The representatives must report to the check-in area, 10 minutes before the first team is scheduled and stay until the last team has been weighed-in. 5.0 WEIGHING EQUIPMENT A balance beam type scale shall be used to determine player's weight. Each scale used shall be certified for accuracy within one (I) month of the date of the League certification and weigh-in. It is preferred that the zero adjustment of the scale be of such type that it cannot be displaced by vibration or movement. The weights for certification will be based on the Pop Wamer National Rulebook in accordance with their ages, plus or minus 3 pounds. Weigh-ins performed during the regular season schedule shall be in accordance with the published National weight gain formula. 6.0 CERTIFICATION - COACH'S REQUIREMENTS Each coach or team representative shall provide the following to the officials at his division certification station (This information should be in a 3-ring binder with each player separated by a tabbed page or blank sheet): . 6:1 TeamlWstef Two (2) copies of an official team roster shall be presented to the certification officials prior to the certification and weigh-in of individual players. All potential players up to national maximum of thirty-five 18 (35), who have registered must be listed on the team roster. After certification by a League official, one (I) copy shall remain with certification officials (later to be given to the Vice-President) and one (I) copy shall be returned to the team representative. All blanks shall be completed for each player, except "Roster No." which will be inserted by the League official. Age of player sball be shown as the player's age as of August I. All potential players who are not present at the initial certification (first weigh-in) must have an appropriate notation in the remarks section of the Team Roster indicating why he did not show up i.e., NO SHOW, OUT-OF-TOWN, NO PHYSICAL etc. All players eligible to be certified must attend the first weigh-in if possible. The team representative shall sign and date the roster at the bottom of the form. The roster submitted at each weigh-in must contain all the names of players sigued up on each team by that day, not to exceed thirty-five (35) players. 6.2 STPWYFL Re!!istration Forms These forms shall be completed in its entirety and should contain a written statement of consent to play from the parents or legal guardians. All blanks shall be completed and the form sigued by either parent or legal guardian. The coach should have a Registtation Form for each player shown on the roster. 6.3 Birth Verification The coach or team representative shall have a copy of each players' birth certificate (see 7.1 for appropriate document). These docmnents will be compared to the documents present by the players and stamped by the official once it is verified. 6.4 Medical Examination The coach or team representative shall have a written statement of physical fitness to play for each player from an examining physician or intern. All blanks shall be completed and the forms sball be sigued by the examiner. 6.5 Scholastic EIi!!ibilitv The coach or team representative shall provide a copy of end-of-the-year report card showing proof of a 2.0 (70010) grade average for the prior school year for each player. In lieu thereof, a copy of a letter from the player's school official, stating his belief that participation in STPWYFL will be beneficial, is required These documents will be compared to the documents present by the players and stamped by the official once they have been verified. 6.6 Individual Picture of Each Particioant The coach or team representative shall provide the certification officials with an individual picture of each player. These pictures will be attached to the certification cards and will not be returned to the player. 7.0 CERTIFICATION - PLAYER'S REQUIREMENTS Each player shall present the following ORIGINAL documents to the officials at his division certification station for review (These documents will be returned after review. These docmnents will be needed again should the team make it to the playoffs): 7.1 Birth Verification Age will be verified by birth certificate as received in official exltact from the appropriate governmental agency of the State in which the player was born. This exttact must bear the imprint (e.g. embossed) of the official agency seal. Notarized photocopies or other copies of the original certified copy are not acceptable. Age will be attested to by a birth certificate recognized as those issued by the fifty (50) states of the United States and the District of Columbia. In the case of American citizens born in countries other than the United -- S1;ates-1IIllt"its1en'Itorie1, a -state-Depat1il1efit "Cel1ificauoifof1>IftIj""1s-accepUi6le. In the case oTiiii individual born as a citizen of a country other than the United States, the official birth certification issued by the country will be acceptable. Baptismal and hospital certificates shall not be considered proof of date of birth. After review by the officials, the State certified birth certificate or other appropriate documents will 19 be returned to the player or team representative. 7.2 Scholastic Eligibilitv Player must provide the original, end-of-the-year report card showing proof of a 2.0 (70%) grade average for the prior school year. In lieu thereof, an original letter from the player's school official, stating his belief that participation in STPWYFL will be beneficial, is required. This document shall be stamped by the school and sigued by the school official. 7.3 Written Plaver Release A player whose registtation form is accepted by an Association is, from then on, indentured to that Association and may not leave unless one of the following conditions are fulfilled. . He obtains a written release from the previous Association. . He elects to not participate in Pop Warner for one year (full season). After which, he must obtain a release from Ws previous Association. The release must be granted unless there is sufficient evidence of indebtedness or possession of equipment as submitted by the Association. . He receives permission from seventy five percent (75%) of the Board of Directors. The parents must request a board hearing. The request must be in written form and given to the President or Vice-President. The player's case will be presented at the next scheduled Board Meeting. The parents of the player will be asked attend the meeting. The Board will vote on the request. The two associations involved will not be permitted to vote. The only exception is when a player requests a release to go to another Association to participate in Division of play not available at his present Association. He still must owe no mouies and not be in possession of equipment. If he is granted a release and does not play in the Division for which he left, the player is suspended for one year and the new Association is fined $250. A player may not obtain a release two years in succession or more than three (3) releases in five (5) years unless by permission of seventy five percent (75%) of the Board of Directors. The President, prior to the player's participation in any Association activity, must approve all releases. Any participation by a player without an approved release will result in a one-year suspension of the player and a fine of $250 to the Association. 8.0 PLAYER CERTIFICATION CARDS AND PLAYER IDENTIFICATION CARDS A player certification card shall be issued to each player after he has been approved for certification by the officials at his station. All player certification cards shall be color-coded by division of play. . Coaches will place these player certification cards in the team booklet (3-ting hinder) and will maintain this booklet for the duration of the season. Each player will be photographed before leaving the certification area. This photograph will be used to make Player Identification Cards at the end of the season for playofftearns onty. 9.0 OFFICIAL ROSTER 9.1 Definition A player is officially certified only when his name appears on the National Team Roster. No other roster or identification card is official. 9.2 Minimum Plaver Roster Reauirements A minimmn of sixteen (16) players must be certified before playing the first regular season scheduled game. 20 9.3 Maximum Plaver Roster Reauirements A maximum of thirty-five (35) players can be signed up for each team. At no time will any player in excess of thirty-five (35) be permitted to practice with the team, Any player on a waiting list will be allowed to practice with the team ONLY after there is an opening. 904 Roster Deletions and Additions Players should be deleted from a certified roster for any of the following reasons: a. Moved away from the geographical area. b. Quit the team by failing to continue as a participant. The procedure to delete players from a certified roster shall be to mail the player certification card to the Vice-President at his home address. Players will be officially removed on the date of the postrnarlc on the mailing envelope. A team shall be permitted to add two (2) qualified player(s) to a certified team roster to replace a player who has bl!en deleted for reason (a) or (b) described above. Additions are allowed through the Monday following the second regular season game. Additions may be made after the Monday following the second regular season game ONLY if team roster drops below eighteen (18) players and prior to forwarding the rosters to Nationals. The President or Vice-President must be notified (by phone or mail) of any additions, so the additions can be properly certified. Any player added to roster MUST have had two (2) weeks of conditioning prior to playing in a scheduled game. A qnalifying requirement shall be that a player may not have participated on any other organized football team during the current season. 10.0 PENALTIES Teams and players will incur the following penalties for failure to comply with the provisions of this section. 10.1 False or IncomDlete Documents Any player presenting falsely completed documents will be rejected for certification for the current season. Any coach or team representative actively participating in the presentation of falsely completed documents will be refused permission to coach or represent his Association until a bearing is convened by the Board of Directors to judge the validity of the charges filed by the League. A finding of guilty will result in suspension for a minimum of one (I) year. Any player presenting incomplete documents will be refused permission to be certified until all required documents are properly completed. Any coach or team representative presenting incomplete roster or registration forms will be refused pennission to certify players until the roster or registration forms are properly completed. 10.2 Minimum Plaver Reauirements Any team failing to certify the number of players described in paragraph 9.2 of this section shall have his entire team rejected for certification for the current season. 10.3 Plaver Overwei!!btlUnderwei!!bt A player who is overweight or underweight at certification will be given the option to transfer to another division should he meet the age and weight requirements of another division. 10.4 Particioatinl! Without a Release . If a "layer is aIlo\Ved !o~ciJlat~ wijh,,-ut jlU "ppr()ye!t~lease>!he association .allowing him to participate shall be fined $250 per occurrence. 21 Section 9 GAME OFFICIALS 1.0 RESPONSIBILITY The President and/or Vice-President shall be responsible to coordinate the officials for all games scheduled by the League. 2.0 SELECTION PROCEDURE The Vice-President shall deliver a copy of this section of the By-Laws, the Officiating Bid Form and a list of game field locations to all interested Coordinators of Officials prior to August I of the current season. All bid forms sball be returned to the Vice-President prior to the Board of Directors meeting for the month of August. The Vice- President shall report his recommendations to the Board of Directors at the August Board Meeting. After approval by the Board of Directors, the Vice-President shall conttact with the selected Coordinator of Officials for all games for the current season. 3.0 OFFICIALS SPECIFICATIONS The following specifications shall be in effect for the selection, use and coordination of officials during the current season for all League sponsored football games. 3.1 Quantity and Tvoe of Officials Two (2) football officials, registered with a chapter of a state Football Officials Association, shall be used for each regular season game in Flag, MM, JPW, PW and JM divisions. In games with playoff implications and/or other justifiable implications, three (3) foothall officials may be used. The league or association may request the third official. The request must be made to the Vice-President by phone, fax or mail, six days prior to the game. The President or Board of Directors can deny a request. Only one (I) official in any game shall be considered a ttainee. Only flag games can begin with just one official. In JPW, PW and JM League Championship games, three (3) football officials shall be used. No trainees. 3.2 Pavment of Officials The officials shall be paid in accordance with the successful bid schedule submitted by the Coordinator of Officials prior to the season. The home association upon the completion of the day's games shall make payment. Failure to pay could result in a $500 fine. Officials not on time for the start of the game need not be paid for that game. 3.3 Dav and Ni!!bt Games All regularly scheduled games will be scheduled for Saturdays. No game shall start prior to 8:00 am., nor later than 9:00 p.m. Rescheduled games shall be coordinated by President or Vice-President. 3 A Games Fields The name and location of game fields approved for use by the League for the current season shall be forwarded in writing by the Vice-President at the same time Officiating Bid Forms are distributed. 4.0 COMPLAINTS AND DISCIPLINARY ACTION 4.1 Reiection of Individual Officials Any association may request that a specific individual official not be used for any games involving their teams. This request shall be made in writing to the President or Vice-President and shall be limited to two (2) individual officials for the current season. 22 4.2 Comolaints Bv Associations All complaints of officials shall be made directly to the President or Vice-President. It shall be his responsibility to forward these complaints to the Coordinator of Officials. 4.3 Complaints Bv Officials The Coordinator of Officials shall forward all complaints by officials pertaining to attitudes of coaches and parents to the President or Vice-President, who shall be responsible for discussing these complaints with the association complained against and bring any flagrant abuse to the attention of the Board of Directors for further disciplinary action. 23 Section 10 GAME REGULATIONS AND EQUIPMENT 1.0 BASIC PLAYING RULES Football games played by teams participating in STPWYFL shall be governed by the contest rules of the National Collegiate Athletic Association with the exceptions and modifications noted in the National Pop Warner Rules and these By-Laws and Playing Rules. 1.1 Soecial Scorin!! Values The successful conversion after a touchdown when kicked shall count two (2) points, and when successfully run or passed shall count one (I) point. 1.2 Game Ball For all but Mitey-Mites and flag football refer to National Poop Warner Rule Book for game ball. Refer to the League for Mitey-Mite and flag football game balls. 2.0 HOME TEAM REQUIREMENTS 2.1 Host Field Game Eauioment A yardage chain and down-marker shall be provided by the Host Field which shall also make available a competent crew to operate this equipment. 2.2 Notification ofVisitin\l Team The home team has the right to select the color of lUliform jersey at a game where it may become a problem oflikeness of colors. 2.3 Cancellation of Game The President or Vice-President shall have the right to cancel any scheduled game because of field conditions or inclement weather. In the event of a cancellation, the Vice-President shall notify the teams and the Chairman of the Officials as soon as possible, but preferably at least four (4) hours before game time. 204 Medical Treatment Each team shall provide at least one (I) qualified medical attendant in accordance with the National Rule Book. 2.5 First Aid Reauirements The First Aid Card Holder must be identified with the First Aid Kit at each weigh in. 2.6 First Aid Reouirement Penaltv A team not meeting the requirement in 2.5 will have a penalty charged them and it will be $50 for not having a First Aid Kit. The penalty for not having a First Aid Card Holder will be $50. For not having a holder present and the kit present, the penalty will be $100. .3;0 Ul>lllKMINATlONOFSTANDINGS STPWYFL shall declare a League Champion in each age division. The following formula shall be used to determine the W-L Percentage and relative standings: 24 W-L Percentage =(Number of Games Won + V2 Nmnber Games Tied)/Total Number of Games Played In this formula, tie games count as one-half (112) game won and one-half (1/2) game lost. The standings or ranking shall be based on the W-L Percentage numbers in league play. Top two teams in each division with the best overall W -L record will advance to League Championship Game. 4.0 PRE-GAME WEIGH-IN REQUIREMENTS A pre-game weigh-in and examination of certification documents for each player shall be conducted prior to each game. Weigh-ins are mandatory for all exhibition, regular season, League championships, and post season bowl games. 4.1 Time ofWei!!h-In The weigh-in of all players shall be conducted at least thirty (30) minutes prior to the scheduled starting time of the game. Any player arriving after the conclusion of the official pre-game weigh-in shall not be permitted to play until successfully passing a weigh-in at half time unless both head coaches agree to a weigh-in prior to balf time. 4.2 Wei!!h-In Eouil'ment The host playing field association shall be responsible for providing a balance-beam type scale that has been certified for accuracy during the current calendar year. The certiJYing emblem sball remain in prominent view on the scale for the entire season. Failure of the host association to provide a certified beam scale shall result in cancellation of all scheduled games on that field for the remainder of .the season. The President or Vice-President will reschedule all canceled games. 4.3 Wei!!h-In Procedure A Board Representative or his alternate shall conduct the weigh-in. Each team is allowed a maximum of three (3) adults (2 coaches and monitor) in the weigh-in area. The Mandatory Playing Roster (MPR) will be given to the opposing head coach. The team booklets with the player certification cards will be given to the weigh master. Each player shall be weighed one (I) time in the required full uniform, less hehnet, as defined by the National Pop Warner Rnles. This shall include any optional protective equipment that the player intends to wear in the game. A player that is over or IUlder the prescribed weight limit shall be declared ineligible to play in the game. Any player failing to weigh-in complete unifonn shall be declared ineligible for that game. No change in equipment or uniform to improve player protection or increase player weight shall be permitted after the weigh-in. Violators of this provision shall be declared ineligible for that game. Penalty for using an ineligible weight player will be forfeit of game and/or suspension of head coach for one (I) year or more. Equipment weight allowance shall be in accordance with the current National Pop Warner Rules and are as follows: Division of Play Equipment Allowance Mitey Mite 7 pounds Jr. Peewee, Peewee 8 pounds Jr. Midget 9 polUlds Midget 9 pounds A coach shall have the right to request that any ()f I1is playe~ ~ weighed smp~ it is inJhe..BllNEEIL._ _ _ __ __ -OF T1UCPLAYER(S) concerned. Stripped weigh-in may take place after the regular weigh-in when coordinated with the opposing head coach and the facilities are available. 25 4.4 Incremental WeilZht Increases Refer to National Pop Warner Rule Book, Method A. 4.5 A!!e Schematics Age schematics shall be the same as those listed in the National Pop Warner Rules, except there will be no older/lighters in the Mitey Mite Division. 4.6 Ineli!!ible Plaver Players who are declared ineligible for a game shall remove their shoulder pads and turn their game jersey inside out. The player's disqualification for the game shall be recorded on the MPR roster. If a team suspects that an ineligible player(s) has entered the game, the challenging coaches shall inform the game officials and the opposing head coach prior to the conclusion of the game. The cballenged player(s) must remain in clear view of the officials and the challenging coaches IUltil the game is completed. After the game, the challenged player(s), game officials, cballenging coaches and opposing coaches sball proceed to the scale area to examine the players certification documents and weight. No other personnel shall be present. If the player(s) is found to be ineligIble, the cballenging coach shall declare the game under protest and shall follow the procedure in Section 14, titled Protests, to bting the charge of "using an ineligible players to the attention of the Board of Directors. 4.7 Sideline Limitations Associations sponsoring teams in different divisions and having like color uniforms shall have all team members, not participating in the scheduled game on the field, remove their should pads and remain out of the sideline area within the thirty (30) yard lines. Shoulder pads may be worn over team jerseys to prevent loss of the same. 5.0 SCOUTING RULES No person, on behalf of a team, may attend any practice session of a future opponent. Any person on behalf of a team, may attend any game, but is limited to the use of a writing device (pen/pencil) and paper for the purposes of scouting. The use of video cameras or photographic equipment is prohibited. 6.0 SPOTTING RULES Spotting and relaying information to a sideline coaching staff while a game is in progress is prohibited. 26 Section II POST SEASON GAMES 1.0 POST SEASON BOWL COMMITTEE The Post Season Bowl Committee shall consist of a Chainnan, appointed by the STPWYFL President, and a minimum of two (2) additional members appointed by the Chairman. The Committee shall be responsible for the coordination of all Opening Day games, post season League-sponsored local championships and bowl games. The Committee shall perfonn the following specific tasks: a. Collect, maintain and disseminate all information pertaining to the coordination of post season games of all League teams against teams of other conferences, associations or leagues. b. Solicit and approve all playing sites for local championships or bowl games. c. Coordinate and present the budget and procedures for any League-sponsored event, such as local championship and bowl games. d. Act as certifying authority for weigh-ins and player eligibility verifications at League Championships and/or playoff games. 2.0 BOWL PARTICIPATION All certified and chartered League teams shall be eligible to file a request for participation in post season bowl games. All requests shall be forwarded to the Chairman of the Post Season Bowl Committee on or before October 15 on the form titled "Bowl Game Participation Request". All post season bowl games must be scheduled through the Bowl Committee Chainnan and in accordance with the National Pop Warner Rules and limitations. Upon reaching a verbal agreement between teams, conferences, association or leagues, the Bowl Chairman shall obtain a sigued commitment from all STPWYFL teams that have agreed to participate in bowl games sponsored by other associations, conferences or leagues. This form, titled "Bowl Game Playing Agreement, shall be reproduced and one (I) copy sent to the host association, conference or league and one (1) copy sent to the local league team. The Bowl Chainnan shall retain the sigued master copy. Any association, which commits a team to participate in a bowl game, and fails to honor said commitment shall be assessed a fine of five hundred dollars ($500.00). The Bowl Chairman, subject to the subsequent approval of the Board of Directors, shall have the authority to assess this fine. If a team forfeits once during the regular season because of not enough players, they will be ineligible for one (I) Bowl Game. A second forfeit during the regular season disqualifies that team from all Bowl Games. 3.0 BOWL GAME AGREEMENT All teams agreeing to participate in a bowl game sponsored by the STPWYFL, or its association host, shall be required to sign the form titled "Bowl Game Agreement and Conditions of Play". Reproduced copies shall be distributed to both teams. The Bowl Chairman shall retain the sigued, master copy. The use of this document will insure that all participating teams are familiar with their responsibility of expenses to be incurred and the conditions of player eligibility of competition. 4.0 PLAYOFFS The top two teams in each age division will advance to the League Championship Game. All paper work must be completed and tomed in on time. Allrequirements for theNationaLandRegional Championship Games-must<<met-- All money owed to STPWYFL must be paid. All outstanding debts must be paid or negotiated in order to play in the League Championship. 27 No team with two (2) forfeits will go to Bowl Games or Playoff Games. If there are more than two (2) teams with tied records in the top two spots, and there is no head to head competition, the President and Vice-President will look for common opponents. If some are found, one point will be added for a win and one will be deducted for a loss. If ouly two (2) teams are tied for the second spot and there is no head to head competition or they split in head to head competition, every effort will be made to schedule a playoff game. If cases of a tie and the two teams played one another once, that game will serve as the tiebreaker. If all else fails, there will be a drawing from a hat. 5.0 LEAGUE FUNCTIONS WORK SCHEDULE A mandatory work schedule will be provided. Any Association not fulfilling its work schedule will be fined $100 per scheduled volunteer. 28 Section 12 A WARDS 1.0 LEAGUE CHAMPIONSHIP AWARDS. I.l Team Awards The League shall purchase and present team trophies to the League Champion and runner-up in each participating age division. These trophies shall be identical in size (approximately 14 to 25 inches) and value and shall be presented at the League Championship games. Each trophy shall have a nameplate engraved or stamped with the following information: SOUTH TEXAS POP WARNER YOUTH FOOTBALL LEAGUE CHAMPION or RUNNER-UP DIVISION OF PLAY YEAR In the event of a tie in a championship game and co-champions are declared, it shall be the responsibility of the League to secure new trophy nameplates designating the teams as Co-Champions. 1.2 Individual Awards CLea!!Ue ChamDs and Runners-UI') The League shall purchase and present individual participation awards to each current team member of the champion team and runner-up in each participating age division. These awards shall be purchased prior to the games and shall be presented at the League Championship games. Each award shall have the following information: SOUTH TEXAS POP WARNER YOUTH FOOTBALL LEAGUE CHAMPION or RUNNER-UP DIVISION OF PLAY YEAR 2.0 All SCHOLAR AWARDS The League sball purchase and present individual scholar awards to each participant who maintained at least an 89.5% grade point average for the entire school year. End-of-year report card from the previous year will be used for determining the qualified recipients. These awards shall be presented at a ceremony during the current season. Each award shall have the following information: SOUTH TEXAS POP WARNER ALL-SCHOLAR YEAR 3.0 INDIVIDUAL ASSOCIATION A WARDS Individual players may be presented awards or trophies from their association OrSII(IIlS()r f!li {larti!'iIlation. The value _... - 6fffiese awarilS shall nOt exceed lIie current Onlversity Interscholastic League standard to maintain amateur status of youth league players. 29 Section I3 PROTESTS 1.0 GENERAL A game may be protested if the provisions outlined in the procedures below are followed. Only protests involving the improper interpretation of a playing rule, violation of the MPR or the eligibility of a player shall be considered; protests of judgment decisions, as rendered by an official, will not be considered. 1.1 Definition-Protest'Comolaint A Protest is the infraction of a playing rule during the actual game time. A Complaint is the accusation or charges against one or more persons, teams, or associations. 2.0 PROCEDURE All protests and complaints shall be: a. Submitted in writing and accompanied by the protest fee to the President or Vice-President. NOTE: A protest fee for MPR violation is not required. A protest fee for a complaint is not required. b. Sigued by the protesting head coach or person filing the complaint and the association President. c. Forwarded by the protesting team to the President or Vice-President within forty-eight (48) hours of the scheduled starting time of the game under protest. d. Made known to the official in charge of the game and the opposing head coach at the time the decision to protest is decided. The protesting team shall declare "that the game is being played under protest. e. Declared by the protesting team prior to kick-off for protests of pre-game violations. f. A concise statement of the grounds, including the rule violated, upon which the protest or complaint is based and contains the name and telephone number of all persons upon which the protesting party expects to call as witnesses on behalf of the protest. g. Parents of any team that is not complying with the MPR may file a complaint. h. Written parental complaints must be acted upon by the Association within seven (7) days. If an Association fails to act timely on a complaint, the Association may be placed on probation and may be eliminated from playoffs and cheer competitions. 3.0 PROTEST FEE Each official protest shall be accompanied by a cashier's check, money order, or cash; payable to South Texas Pop Warner Youth Football League, in the amolUlt of fifty dollars ($50.00). Said fee shall be refunded if the protest is upheld, but shall be retained in the League's general fund IUltil a decision is rendered. A protest fee is not required for a MPR violation complaint. 4.0 HEARING OF PROTEST If the protest complies with all of the requirements specified above, the Board of Directors shall conduct a hearing no earlier than three (3) days after receipt of Notice of Hearing ))}' the_accllSC<!. 'I'h~ """~ !l!!luequest a l'.iJM~__~__ _ _ - --C-rffiCliIliemmgDywalVliig his nghHo a minim.uu oftbree (3) days notice. This must be accomplished by telephone to the President or Vice-President within twenty-four (24) hours after receipt of Notice of Hearing, followed by a written waiver delivered to the President or Vice-President no later then forty-eight (48) hours after receipt of Notice 30 of Hearing. Failure to comply with above time requirements would terminate a coach/member's eligibility for a Time Critical Hearing. If the requirements specified above are not met in full, the Board of Directors shall not be obligated to conduct a hearing and the fifty dollars ($50.00) fee shall be deposited in the League's general fund. 5.0 APPEALS Decisions of the Board of Directors can be appealed to the GRIEVANCE COMMITTEE. If the decision is going to be appealed, it must be done within seVen (7) days of the receipt of the decision. Any penalties imposed shall be enforced while the appeal is pending. 6.0 GRIEVANCE COMMITfEE The Board of Directors shall elect the Grievance Committee. Members of this committee should be independent of Pop Warner, but should have some experience with football or cheerleading and youth sports. The Board of Directors will nominate potential members during the February meeting and will vote on the nominees during the March meeting. Five members will be elected and service for one year. If a Grievance Committee member resigus during the season, the President will appoint a new member. His selection will be from the February's list of nominees. The newly appointed committee member will serve out the rest of the term. 6.1 Chairman The five-committee members will select one to serve as the chainnan. 6.2 Committee Members This committee shall decide the validity of all complaints of rules violations, misconduct and protests and will hear and rule on all such complaints and protests. They may use outside sources for rule interruptions and general information, etc. as they deem appropriate. Sources used will be made available in the report to the board. 6.3 Decisions All protests, complaints and rules violations shall be decided by the majority vote of all eligible committee members. All decisions are rendered by the Grievance Committee are final. The committee will write a report and present it to the Board of Directors. The committee will take into account the time sensitivity of the matter. The Board will follow the directives as laid out by the grievance committee. The Board will summarize the decision and notifY the parties of the decision in accordance with Section I, Paragraph 1.6 of these rules. 7.0 ELIGIBILITY PROTESTS 7.1 Period of Submittal Eligibility protests may be submitted at any time during the season from the date of certification to a time of seventy"lwo (72) hours after the start of the final regular season game for the team whose player eligibility is being protested. A complaint lIlliy be submitted up to a period of one (I) year after the current season has ended. It will be the decision of the executive board to hear the complaint. -~Pellalty - - A team shall forfeit all games in which a player found ineligible was a member of that team, regardless of his participation in the forfeited games if it is found that any coach had knowledge of the ineligibility. A 31 player shall be considered a member of a team ifhis name or assumed name appears on the official roster of the team. 8.0 PLAYING RULE PROTEST 8.1 Protest UDheld If a protest is upheld in the improper interpretation of a playing rule by an official, the game shall be replayed from the exact time of the game at which the error was committed. The protesting team must have noted and recorded the exact conditions of the game at the time of notification of protest. The official and opposing head coach shall be in concurrence with the recorded game conditions. Neither team shall be charged additional officials fee for portions of games to be replayed. 9.0 NOTIFICATION TO ACCUSED All accused parties will be notified in accordance with Section I, Paragraph 1.6 of these rules. Such notification will include all charges to be heard and that the accused may call witnesses in his behalf and is entitled to be represented by a person of his choice, which may be an attorney. 10.0 TIME CRITICAL After notification of charges has been received by the accused party, in the essence of time, he may request a Time Critical Hearing. This must be accomplished by telephone to the President or Vice-President within twenty-four (24) hours after receipt of Notice of Hearing, followed by a written waiver delivered to the President or Vice-President not later than forty-eight (48) hours after receipt of Notice of Hearing. (Form S-06-80 will be used for written waiver.) Failure to comply with the above time requirements would terminate the accused eligibility for a time critical hearing. 11.0 FINANCIAL RESTITUTION TO AN ACCUSED In the event any final decision/penalty is imposed on a member/coach, coaching staff, association or individual without first providing a proper hearing as provided for in the National Pop Warner Administrative Manual except as noted in Paragraph 9.0 above, and the accused hires an attorney in order to obtain "Due Process, then the League will be required to reimburse the accused all legal fees incurred should he/they be found to be innocent at a later hearing or if at a hearing it is ruled that he/they were in fact denied "Due Process". When restitntion is required, it will be paid in full by the STPWYFL. The provisions of this rule do not apply to temporary suspensions pending formal bearing. I I.I Financial Restitution to STPWYFL Any legal fees/court costs incurred by the STPWYFL to defend the League will be paid by the Host Association of the member/coach in all cases where the STPWYFL is found not guilty, or a charge/case is dismissed, or to remove a resttaining order. 12.0 INTENTIONALLY RUN UP SCORES Refer to National Pop Warner Rule Book. 32 Section 14 MANDATORY PLAYING RULES 1.0 MINIMUM NUMBER OF PLAYS Each eligible player available at the start of a game is guaranteed a minimum of six (6) plays from the line of scrimmage in each regular season game, post-season play-off, or championship game and/or post-season bowl game. In all STPWYFL scheduled games up to and including League Championship games, the following provisions for roster size differences shall prevail: South Texas Pop Warner Sliding Scale MPR Roster Size Plavs Each 16 to 25 players 10 plays 26 to 30 players 8 plays 31 to 35 players 6 plays A play in which a penalty is assessed will not count as an official play. At the start of the fourth quarter, all players who have not met their MPR requirements shall be inserted into the game. 2.0 MANDATORY PLAYING RULES (MPR) ROSTER The head coach will prepare two (2) MPR, which wiIllist all certified team members sequentially by jersey numbers. One is given to the opposing head coach. The other is given to the opposing team's monitor. Both are to be passed out during weigh-in. 2 I Discinlined Plaver A player may be disciplined by not being allowed to play in a game, provided his name, telephone number, and the reason(s) he is being disciplined are indicated on the MPR Roster and the opposing head coach is made aware of it during weigh-in, before the game. Parents of players being disciplined must be notified of this fact prior to the game. All Association rules restricting playing time must be presented to the parents in writing prior to the start of the season. 2.2 Retainin!! Roster The completed MPR will be turned into the association's Board representative within 36 hours of game time. The association's Board representative will fax or mail a copy of the completed MPR to the Vice- President, no later than 5 days after the game was played. The association's Board representative will maintain all completed MPR rosters for the entire playing season. If a MPR violation occurs, the completed MPR will be hand carried to the President or Vice-President to be delivered no later than 48 hours after the completion of the game. 3.0 MONITORS The head coach will select and train at least two (2) player monitors. One will help the opposing team's monitor check his team; the other will monitor the opposing team. No monitor will mark his own team's roster. Monitors will NOT coach while monitoring. Monitors fOlUld coaching will be suspended for the next game. 3.1 Duties of Monitors -..- Monitor and head coach will be given the MPRs at the time of weigh-in. The monitor and head coach will verilY those players who are eligible and available to play. 33 Monitors and head coaches must be notified of all ineligible players at weigh-in prior to each game. During the game, monitors will keep a record of the number of plays each eligible player participates in during the game, but not to exceed the mandatory requirement. Monitors will notiJY the head coach at the start of the third (3rd) and fourth (4th) quarter which players have not played the mandatory number of plays. After notification, the head coach will print his name and sign his signature acknowledging his notification of players who have not participated in the game. After the game, both player monitors must sign the MPR Roster. The opposing player monitor must initial in ink the mandatory spaces on the roster of all players who did not satisJY the MPR requirement. The initialing of mandatory spaces indicates a failure to comply with the Mandatory Playing Rule. Charges of a player not playing the mandatory nmnber of plays must be made know immediately after the game and an opposing coach or monitor should not sigu the MPR roster if there are any questions relating to the accuracy of the record. The monitors will give the completed MPR Roster to the head coach. 4.0 PROTESTS All protests relating to the Mandatory Playing Rule must be declared immediately following the game at the time the MPR Rosters are reviewed and sigued by the monitors and head coach of each team. Protests shall be filed in accordance with the procedures in Section 13. The President or Vice-President will be advised by telephone immediately after game completion of any possible MPR violations. Failure of either team to advise the President or Vice-President of a possible MPR violation is in itself a violation of STPWYFL MPR rules and will be treated as an intentional MPR violation. 4.1 Intentional Violations All MPR violations are intentional and will be penalized in accordance with Pop Warner Rules. The game will automatically be forfeited. A second offense will result in elimination from the playoffs. The head coach will be suspended for eight days for the first offense; a recurrence in the same season will result in a one-year suspension from that date. The Association will be fined $100 for each offense. Failure of a team to present a MPR Roster when called for by the Board of Directors will result in automatic intentional MPR violation penalties being assessed. 34 Section 15 COACHES 1.0 REQUIREMENTS I.I General Refer to Pop Warner National Rule Book. 1.2 Aoplication Each coaching applicant shall declare satisfactory character background and sincerity of purpose by completing the "Coaches Application" form and submitting same to the League prior to participating as a coach during any League scheduled game. The applicant states his agreement to comply with the By-Laws and Playing Rules of the League and give written consent to submit his name for a police records check by signing the application form. 1.3 Identification Card Each Coach, after having submitted a completed application form, shall be photographed and issued an identification card, only after being certified by the Board of Directors or its authorized representative. The Coaches are required to wear the I.D.'s at all games. 2.0 PENALTIES 2.1 General Any coach may be suspended, either temporarily or permanently, from further participation in the League or any of its sponsor associations for the violation of National or League By-Laws and Playing Rules or the acts defined in Paragraph 2.3 of this section. The Board of Directors in accordance with the section titled "Resolution of DisputeslDiscipline of Associations and Personnel" in the National Administtative Manual shall conduct a hearing before a permanent suspension can be imposed. A coach can appeal the decision of the board, by requesting an appeals hearing conducted by the GRIEVANCE COMMITTEE. The appeals bearing will be conducted within seven (7) days after the receipt of the appeal. Any penalties imposed shall be enforced while the appeal is pending. 2.2 Eiected Coaches The first ejection of a coach by an official will result in an eight (8) day suspension, following the ejection, from all Pop Warner activities. A second ejection will result in immediate suspension pending a hearing to decide either reinstatement or suspension for the remainder of the season. 2.3 Acts of Disbarment A coach or other adult acting in an official League capacity shall be barred for a minimum period of one (1) year from further participation in the League upon being judged guilty by the Board of Directors in a hearing, when charged with one of the actions listed below: a. Striking any other coach, Official, spectator or other adult participant in Pop Warner Football, except in self-defense. -iJ;- --1'a1Ittre ro-abilteby a physiCiall's decision in matterSofl1eaItli-JitjUiY andphysicaI-aililiiY-u>- participate. c. Knowingly permitting an ineligible player to play in a game. 35 d. Failure to truthfully answer any question on the Coaches Application concerning backgroWld and finaneial indebtedness e. Failure to advise President or Vice-President ofa possible MPR violation. f. Endangerment of juveniles: Any practice which places the health and safety of any juvenile in jeopardy (including "sweating down"). The term "sweating down" a player is used in its broadest sense of inducing weight loss by an artificial means. Techniques included in this definition are: use of steam room or cabinets, use of rubber sweat suits, use of weight reducing or appetite-killing drugs, and use of diuretics (water pills). g. Teaching of prohibited offensive/defensive techniques to players or encouragement to hurt opponents physically or allowing these to occur. h. Fighting against same team's or opposing team's adults or fans. i. Cheating of any type - forged birth certificate, filing false roster data, etc. j. Threats, physical or otherwise, against team or League authority. k. Possession of alcohol or illegal substances at game or practice field. L Obvious presence of alcohol on the breath at practices or games. 3.0 Coachin!! Staff and Sideline Personnel A coaching staff sball be comprised of one (I) head coach, four (4) assistant coaches, one (I) coach-trainee, one (I) first aid person, and two (2) monitors. In the absence of a specially trained first aid person, one of the coaches must be the holder of a valid Red Cross First Aid Card. Additional support personnel may be on the sidelines provided that the total number does not exceed ten (10) and all have valid ill cards. No more than two (2) waterboys will be allowed per team. Waterboys may not be older than the division of play. 3.1 Releases A coach whose application is accepted by an Association is, from then on, indentured to that Association and may not leave that Association unless one of the following conditions is fuIfilIed. . He may obtain a written release. The release is at the sole discretion of the Association Board. . He elects to not participate in Pop Warner for one year (full season). After which, he must obtain a release from his previous Association. The release must be granted unless there is sufficient evidence of indebtedness or possession of equipment as snbmitted by the Association at the first Board Meeting of each year. The only exception is when a coach requests a release to go to another Association to participate in a Division of play not available at his present Association or he is not given a coaching position equivalent to his position the previous season. He still must owe no monies and not be in possession of equipment. If he is granted a release and does not coach the Division for which he left or does not participate in an equal capacity to the previous year, the coach is suspended for one year and the new Association is fined $250. A coach may not obtain a release two (2) years in succession or more than three (3) releases in five (5) years unless by permission of seventy five percent (75%) of the Board of Directors. The President must approve all releases prior to the coach's participation in any Association activity. _ Any Jl_lI!licipation by ~.foach~!b9l!lM llPP~ovJ:d IeJ.ease..wiII resu.lt...iQa_one,~suspensio~h____ __ and a fine of$250 to the Association. 36 3.2 Recruitin2 It is illegal for a coach to actively recruit players from another Association. The penalty for so doing will be a one (I) year suspension and a fine of$250 to the coach's Association. Recruiting is defined as contacting - in person, by direction of others, by phone, or by correspondence _ a player known to have been previously rostered by another Association for the purpose of playing. When a parent's letter of complaint concerning recruiting by a coach, assistant coach, League Board member, Association President, or STPWYFL Executive Board member is received, the following must occur. a) The person accused of recruiting, their Association President and the President or Vice-President shall be notified and given a copy of the complaint. b) A hearing on the complaint must be held within ten (10) days if it is prior to the season or three (3) days if it is during the season. c) All evidence will be presented at a hearing conducted by the Board of Directors. The Board will determine the action or non-action. d) The decision can be appealed to the GRIEVANCE COMMITTEE within seven (7) days of the receipt of the decision. e) Punishment: suspension of the recruiter for one year and a $250 fine to the Association. 37 Section 16 INSURANCE 1.0 GENERAL All associations are required to carry a football accident insurance policy, which must be in effect prior to the fIrst practice session so that all players participating are covered. The policY must cover injuries sustained by players while participating in practice sessions, exhibition games, regularly scheduled League games, local and state play-offs and championship games and post-season bowl games. All players must be covered while traveling in a group directly to or from any of the specified events. Proof of purchase of Liability Insurance in the amount of specified by National Pop Warner rules is also required. 2.0 PAYMENT OF PREMIUM The Chainnan of the Insurance Committee shall be responsible to determine that all associations and teams have complied with the insurance requirements. The initial premium shall be paid to the insurance company or to the League at the time of team registration (last Sunday in July). The final premimn, to cover all players certified for play, shall be paid to the insurance company or the League on or before certification date for the teams of a given sponsor association. Insurance roster forms shall be submitted to the insurance company or to the League at this time also. Penalty: Associations not meeting the deadlines for insurance as established in this paragraph shall not be schedUled for play during the current playing season/year. 38 Section 17 FINANCIAL 1.0 GENERAL FUND ACCOUNT The major account of the League will be held in a bank to be named by the Board of Directors and will be known as the General Fund AccolUlt and will require the siguature of the President or the Treasurer. I.I Disbursements All disbursements will be backed up by an invoice, voucher, or statement indicating the date(s) of purchase or service, individual(s) or company to whom payment was made, amolUlt of payment, purpose (to include quantities and adequate descriptious of items purchased if applicable) of expenditure. The Treasurer will retain supporting paperwork. 1.2 Reimbursements Reimbursements to individual will be paid only when a completed voucher is provided to the Treasurer 2.0 SURPLUS FUNDS Surplus funds will be deposited by the Treasurer in an account that will provide the greatest return on investment to the League and will require the signature of the President or Treasurer for withdrawal. . 3.0 AUDIT A Financial Statement and Financial Records of the League will be audited annually at the end of the Fiscal Year, either by an Audit Committee of not less than three (3) members or a Certified Public Accountant selected by the Board of Directors. When satisfied that the Treasurer's Annual Report is correct, a sigued statement to that fact will be included at the end of the report. 39 Section 18 SOUTH TEXAS POP WARNER YOUTH FOOTBALL LEAGUE, INC RULES FOR POP WARNER CHEERLEADING TABLE OP CONTENTS Article I Statement of Purposes Page 41 Article 2 Organization Page 41 Article 3 Sigu-Ups Page 42 Article 4 Registtation Page 42 Article 5 Ages Page 43 Article 6 Squad Size Page 43 Article 7 Safety Rules Page 43 Article 8 Coach's Code of Conduct Page 43 Article 9 Mascots Page 43 Article 10 Practice Page 44 Article II Camps and Clinics Page 44 Article 12 Competition Page 44 ArticleI3 Uniforms Page 46 40 ARTICLE I - STATEMENT OF PURPOSES 1.1 GENERAL OBJECTIVES That Pop Warner Cheerleading rules uphold the general objectives of the Pop Warner playing rules and regulations namely: to inspire youth, regardless of race, creed, or national origin, to promote the ideals of sportsmanship, scholarship, and fitness, as reflected in the life of the late Glenn Scobie "Pop" Warner. 1.2 SPECIFIC OBJECTIVES. 1.21 To provide an opportunity to cheer in an organized, supervised, safety-oriented manner, with emphasis on participation and fun for the participants. 1.22 To develop qnalities such as sportsmanship, poise, neatness, teamwork, and scholarship, which will stand the . participants in good stead throughout life. 1.23 To encourage the continued development of Pop Warner Cheerleading. ARTICLE 2 - ORGANIZATION 2.1 CHEERLEADING AT TEAM LEVEL 2.11 The Cheerleading head coach (or applicable local title) of each team must be at least 21 years old, certified as a coach from a National, Regional or HLA coaches clinic, and must be the holder of a valid Red Cross Multi-Media Card or its equivalent. 2.12 An assistant coach must be at least 18 years of age or a high school graduate (see Official Rule Book Article 6, S2 - Coaches Requirements). Must be certified as Assistant coach from a National, Regional or HLA coaches clinic, and must be the holder of a valid Red Cross Muhi- Media Card or its equivalent. 2.13 A high school Demonstrator, Student Instructor, or Coach-Trainee may be used to teach the cheers, however this individual must be a minimum of 16 years of age, in conjunction with the squad, will be under the direct authority and supervision of the adult Cheerleading person (as in 2.11 above) and certified by a coaches clinic by National, Regional, or HLA. 2.14 AU Cheerleading coaches are to follow the coaches requirements as outlined in the Official Rules Book, Article 6, page 12 and STPWYFL By-Laws. 2.2 CHEERLEADING AT ASSOCIATION LEVEL 2.21 Each association shall have a Cheerleading Coordinator or Cheerleading Director to whom all team Cbeerleading personnel report. 2,22 The association Cheerleading Coordinator or Cheerleading Director shall be a voting Board Member. 2.23 The association Cheerleading Coordinator or _ (;he:r~adiI1L D!'ecto!" _s~~_ attend _ al!.l~~e -lfieetifi~. 41 2.3 CHEERLEADING AT THE HIGHEST LOCAL AUTHORITY. (HLAt AND HEREAFTER REFERRED TO AS HLA (league, conference, or federation) 2.31 Each HLA shall have an HLA Cheerleading Coordinator or Director of Cheerleading who is a voting member of equal status of the HLA Board. 2.32 The Director of Cheerleading, as defined in 2.31 above, shall chair all HLA Cheerleading meetings, most often held separately from the football meetings, and shall be the delegate to the regional Cheerleading meetings, or the HLA shall appoint a qualified alternate in his or her absence. ARTICLE 3 - SIGN-UPS 3.1 There must be a football team for each Cheerleading division or squad in each Association (no football team, no cheerleaders). 3.2 Each Pop Warner Cheerleading and performing unit shall fill its entire squad every year on the basis of sign-ups. 3.3 Sign-ups will be open to all who are interested in participating and every spot will be available every year. No preference will automatically be accorded to any cheerleader or performer regardless of the reason, 304 Ideally, every youngster who wishes to participate in Pop Warner Cheerleading (including in this term, the pep squad, majorettes, etc.) should be able to do so, if there are enough adult volunteers (I coach for every 12 cheerleaders). There are no try outs, however, you may have try outs to determine where to place cheerleaders on a squad if their age allows them to be on one of two teams depending on age (see birth date chart). 3.5 A child who is mentally handicapped must have written permission from a physician stating he/she is capable of cheering. Physician must also state if he feels the child is/is not capable of competing in League, Regional, and National competitions. ARTICLE 4 - REGISTRATION Each Cheerleading and performing group member shall furnish the following: 4.1 PARENTAL OR GUARDIAN CONSENT. 4.11 Parent or legal guardian be required to sigu desiguale registtation form stating the child has hislher permission to cheer. 4.2 MEDICAL 4.21 A medical exam is required of all participants wishing to perform to ensure the child is physically able to participate. Physical exams are to be made by and sigued by a PHYSICIAN giving hislher permission to perform. <t.:>PROOItOF :A.Gn-. 4.31 An original birth certificate bearing the seal of the issning birthplace. Military ID's are not acceptable. 42 404 SCHOLASTIC FITNESS 4041 Proof of 70.0 overall grade average in school is required. In case of doubt or conflict of opinion, a written statement by the school administration shall be deemed final. ARTICLE 5 - AGES 5.1 Ages of all cheerleaders and members of performing squads are required to correspond to the playing ages of the team with which they are associated. 5.2 Ages shall be verified as outlined in Article 4, registration. ARTICLE 6 - FORMATION OF TEAMS AND SOUAD SIZE 6.1 Every Pop Warner Cheerleading squad and/or performing squad must have at least one adult volunteer for every 12 participants including mascots, ifused. The nmnber of adult volunteers will determine squad size. Adult volunteers will be in attendance at all times. ARTICLE 7 - SAFETY RULES 7.1 South Texas HLA safety rules for cheerleaders will be in accordance with National's "Official Rules Book", rule 4: Safety, pages 61-63 and National Cheerleading Association (NCA) safety tape. 7.2 Water and first aid kit must be available at all practices, games and competitions. Associations will be penalized if water and first aid kit is not available. Penalty set by HLA. ARTICLE 8 - COACHES' CODE OF CONDUCT 8.1 Cheerleading coaches shall be appointed to their positions by the Cheer Coordinators. Any HLA has the power to refuse coaches who are deemed by it to be unfit to be entrusted with children of Pop Warner Cheerleading ages. 8.2 Cheerleading coaches shall at all times abide by the "Coaches Code of Conducf' listed in the Official Rules book, page 2. 8.3 Any of the rules broken will be subject to a penalty outlined in South Texas fILA By-Laws. ARTICLE 9 - MASCOTS 9.1 The use of mascots shall be up to the discretion of each individual association. 9.2 To each association the following sball apply: 9.21 There shall be no try-outs for mascots. 9.22 A mascot shall be at least 5 years old by July 31 of current year 9.23 All mascots must be at least one year YOlmger than the youngest member of the lowest division of 43 play of the HLA 9.24 The number of mascots permitted per squad shall be at the discretion of each association. 9.25 A mascot must be certified and associated with only one Cheerleading squad. 9.26 All mascots must register and have a physical. ARTICLE 10 - PRACTICES 10.1 Pre-season practice shall not begin until August 1st or later. 10.2 A least 15 - 20 minutes of warm-up exercise (to stretch and to limber up) shall be included prior to Cheerleading practices, games and competitions. 10.3 Cheerleading practices shall not exceed the number of hours per week permitted for football practice. 10.31 No Cheerleading team may schedule more than 10 hours per week of practice before Labor Day, a week being 7 consecutive days. 10.32 Practices after Labor Day weekend are limited to 6 hours per week, a week being 7 consecutive calendar days. 10.33 Not more than 2 hours of practice may be scheduled on any one-day before Labor Day and not more than 2 hours of practice may be scheduled on any one-day after Labor Day. 10.34 Break time is not cOlUlted against the 10 or 6 hours per week or 2 hours per day of allowed practice time. ARTICLE II - CAMPS AND CLINICS 11.1 No Pop Warner association or personnel associated therewith shall require that a Pop Warner Cheerleading or perfomting group squad, in part or in whole, with or without the coaches attend a Cheerleading camp. There are no exceptions. 11.2 No Pop Warner personnel shall so identiry hirnselflherself as a sponsor, endorser, instructor, affiliate, etc., of a Cheerleading camp. 11.3 The term "camp" sball be defined as meaning one or more ttaining sessions provided by an outside organization. Camps are held before August I st and are open to the public. 11.4 The term "clinic" sball be defined as meaning one or more ttaining sessions provided by the HLA as one or more practice sessions. Clinics are held after August 1st and restricted to Pop Warner cheerleaders only. ARTICLE 12 - COMPETITION 12.1 Pop Warner Cheerleading and perfomting squads may only enter competitions sponsored by a Pop Warner Associalion,agt'OOlfllfPop-Warner HLAs ofOOWlTeSffva[---- - . - - .------- 12.2 Pop Warner safety rules will be followed by all squads participating in a competition (see Article 7: Safety Rules and National Competition Rules). 44 12.3 There is no competition amongst Mascots, Flag and Mitey-Mites but they shall perform for exhibition only. 1204 Pop Warner Cheerleading squads must abide by the rules outlined in the Official Rules Book, Rule 7: Competition, page. 12.5 In addition to the rules and regulations found in the Official Rules Book, squads must abide by the following: 12.51 Squads participating must have at least six (6) members to bejudged. 12.52 Each squad will perform a choreographed routine not to exceed three (3) minutes (I 1/2 minutes may be performed to music). Time will begin with the first movement or word by the squad after its name has been called to perform. Note: Formal entrances are not recommended and exits are not included as part of the routine. 12.53 Props, other than pompoms are prohibited. 12.54 The use of Mascots is prolu1>ited. 12.55 Coaching during the performance is prohibited. 12.56 All double based extensions and extension preps must have a continuous hands on spotter. The spotter must be positioned behind the stunt. The spotter may help support the stunt, but may not be underneath the stunt or be a primary support for the stunt (i.e. the spotter should not cross the plane of the partner when viewed from the side. If she does, another person must be spotting from behind.) 12.57 No extended stunt sball brace another extended stunt(s). 12.58 All gymnastic stunts must originate from ground level. The person performing a gymnastic stunt may rebound without hip over head rotation) from his !her feet into a cradle. 12.59 If a braced or unbraced extended stunt higher than a shoulder stand dismounts directly to the cheeting surface, the partner must have at least two spotters on the landing.. 12.60 No akiIIs (i.e. twists, toe touches, etc.) Are permitted from a stunt prior to landing on the cheering surface without constant hand to hand contact with the bases. 12.61 A violation of any safety rule will result in immediate disqualification. 12.62 Overtime on the entire routine (over 3 minutes) and overtime on the music portion of the routine (over I 1/2 minutes) will result in a ten (10) point deduction from total score. 12.63 All judges decisions are final. 12.64 Each squad will pay a competition fee of twenty five dollars ($25.00). 12.65 No penalty shall be made against cheerleaders or individual associations, monetary or deduction of points, for abusive conduct by parents or visitors. Misconduct will be dealt with by members of ------t!mtplll'llcularlissatlO!l byllSJQjjg lffiIfperson or persons to leave. If abusive beliiivior continues, stronger enforcement will be administered. 45 ARTICLE 13 - UNIFORMS 13.1 Cheerleading lUliforms are to be at the discretion of each association. 13.2 Uniforms may consist of T-shirt and shorts, one piece dress with bloomers or a two piece top and skirt along with shoes, socks, and hair bow. Hand pompoms are not necessary but highly recommended. 13.3 Cheerleader uniforms must be uniform (i.e. same color, same emblems, same type and size stitching). Mascots are an exception, theirs may be of reverse colors the other cheerleaders and stitching, emblems, etc. may be smaller due to size of uniform. 13 A Practice uniforms are not necessary but highly recommended for wearing during the fIrst two games, as well as, for practice. 13.5 Cheerleaders must be in complete uniform by the third game. If not in lUliform by third game, the association will be charged a fifty dollar ($50.00) penalty per game per division. 13.6 May not have one cheerleader in 1IDif0nn, must have entire squad (i.e. if alIlIDiforms are not ready, but one division is outfitted, this division may wear the lUliforms at the first game.) Again this is at the discretion of the association. 13.7 A description and picture or drawing of complete game and practice 1IDif0rm must be presented during the August Cheerleader Director's meeting. 13.8 Competition uniform shall be the same 1IDif0rm used for games. 46 Section 19 MISCELLANEOUS 1.0 Members of anyone (I) household can be involved with only one Association, unless a program is not offered by that Association. 2.0 All criteria for National Championship Games will be enforced for League Playoffs. 3.0 Payment offines and penalties takes precedence above fees and assessments. 4.0 An Association Board member leaving one Association to go to another must turn over, in a timely fashion, all records and docmnents pertinent to their office. They must obtain a release from the Association Board in office at the time of their departure. The release must be approved by the President. 47 ,. Membership and User Requirements - see By-Laws 5 through 14 years of age Pass physical exam Membership and User Fees $90 to $110 Tackle Football $50 to $60 Flag Football $70 to $150 Cheerleading Schedule of Activities, Hours and Terms of Operation Season - August 1 st through end of November Practice during week Games on Saturday and at night during week. t' I 04' 11 J EXHIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until insurance required herein has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, (two) 2 copies of Certificates of Insurance, with the City named as an additional insured for all liability policies. A blanket waiver of subrogation is required on all applicable policies showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, material Bodily Injury and Property Damage change, non-renewal or termination and a 10 day Per occurrence! aggregate written notice of cancellation for non payment of premium is required on all certificates Commercial General Liability including: $1,000,000 COMBINED SINGLE LIMIT 1. Commercial Form 2. Premises - Operations 3. Products! Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury LIQUOR LIABILITY COVERAGE $1,000,000 COMBINED SINGLE LIMIT If liquor being served C. In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all reports of any accidents within ten (10) day of any accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage, and a waiver of subrogation is also required. blanket * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled", and deleting the words, "endeavor to", and deleting the wording after "left". * The name of the project must be listed under "Description of Operations" * At a minimum. a 30-day written notice of cancellation, material change, non-renewal or termination and a 10 day V,I ittel, notice-of Gal ,Gellation-for nonopayment-of pi el, dum ~ required. - --- -- B. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1)-(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1 )-(7) are included or excluded. . South Texas Youth Football League ins. req. 7-7-04 ep Risk Management ,\ ' PUBLISHER'S AFFIDAVIT -,"- , C' ' - , State oPfe;cas County of Nueces \ ", r~' Q: \ ',' ,'\11 -' ss: CITY OF CORPUS CHRISTI Ad # 5012998 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE ON which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 26TH day(s) of SEPTEMBER. 2004. $85.20 bL'~ (fjUuo--;P.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of SEPTEMBER 27. 2004. ::::~M 'yrllrl~-<1 JW2&-> Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. _. -~ NOTICE OF pASSAGE OF ORDINANCE ON FIRST READING Authorizing the City Manager or his dellgne. to execute a ftve year Lease and Use Agreement wtlt1 South Texas Youth Football League; lne. (-lessee") for uee of City properly (Bill Wilt Park) for Lessee'. Pop Warner Football program and in consideration of L.eesee maintaining the premises and Improvements. this ordinance was passed and approved by the City Council of the City of Corpus Christi on Its first reading on ~21.2004. It! A_ Chapa CIty -ry City of Corpus Christi -.. ....- ber26,2004 PUBLISHER'S AFFIDAVIT ~.' /" ~ ')~ "'. S' l - Statc of Texas County of Nueces ss: CITY OF CORPUS CHRISTI Ad # 5036137 PO # Before me, the undersigned, a Notary Public, this day personally came Diana Hinojosa, who being first duly sworn, according to law, says that she is Credit Manager of the Corpus Christi Caller-Times, a daily newspaper published at Corpus Christi in said City and State, generally circulated in Aransas, Bee, Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed is a true copy, was inserted in the Corpus Christi Caller-Times and on the World Wide Web on the Caller-Times Interactive on the 24TH day(s) of OCTOBER, 2004. $85.20 bL~ (fjUuo-aO.s~ Credit Manager TWO (2 ) Time(s) Subscribed and sworn to me on the date of OCTOBER 25, 2004. ,;?L){): 7lWI2W ,Jt an a~./ Notary Public, Nueces County, Texas ROSA MARIA FLORES Print or Type Name of Notary Public My commission expires on 04/23/05. .~ _. ---.- D4ICorpus CIlrIlIIIIliiiiiiiiY' October 24, 2004 NOTICE OF PASSA()E OF QAOINANCE NO. 02_ Authorizing the City Mana,gar or his dellgnN to execulll a five year Leaso IIId Use Ao.......m _ South "ro_ YOUIII FoolboIl League. Inc. ("lo8aeo') for llIO '" CIty property (M WIll Patt<) fo._', Pop Warner Football JH'ogr.m and In t:~ I' '" ,..,.'d ~pn", .~'l......_"" , , . orarnanCe'v.- Pt-a end III'I>I'OWId by tie City CouncIl of'" City of Corpus ChrIsti on Its second reading on Octobor 19, 2llO4. 111- CI1IIpo City ",g:,.. ~